Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4384 of 2018 Petitioner :- Pawan @ Pawan Singh Respondent :- State Of U.P. Through Secretary Home U.P. Shashan Lucknow And 3 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ is preferred to challenge the notice dated 25.08.2017 passed by Additional District Magistrate, Kanpur Nagar invoking powers under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as "Act, 1970").
The submission of learned counsel for the petitioner is that prior to issuance of impugned notice, a notice under Section 3 of Act, 1970 dated 29.04.2017 was served upon the petitioner calling upon him to explain as to why he be not declared as a 'Goonda' and action be not taken against him under Section 4 of Act, 1970. Validity of the notice aforesaid was challenged by way of filing a Criminal Misc. Writ Petition No. 13444 of 2017 that came to be allowed on 17.07.2017 on the count that notice was not bearing general nature of the material allegations in view of Full Bench judgment of this Court in Bhim Sain Tyagi Vs. State of U.P. through D.M., Mahamaya Nagar passed in Civil Misc. Writ Petition No. 461 of 1998; decided on 4th May, 1999. According to learned counsel, notice impugned is of same nature and, therefore, Additional District Magistrate erred while issuing the same.
We do not find any merit in the argument advanced.
As already stated, the writ petition preferred by the petitioner earlier came to be accepted on the count that the same was not in consonance with the law laid down by Full Bench of this Court in Bhim Sain Tyagi Vs. State of U.P. through D.M., Mahamaya Nagar (supra). So far as the instant notice is concerned that bears all the general nature of the material allegations and, therefore, it is in accordance with the requirement of the Act, 1970 and the rules framed thereunder.
In view of it, no interference in the impugned notice, as such, is desirable. The writ petition is dismissed.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)