Hon’ble Rajnish Kumar, J.—The petitioner-Atif Adnan(described as Atif in the impugned notice) has approached this Court challenging the show-cause notice dated 2.2.2018 issued by the opposite party No. 2, under Section 3 of the U.P. Control of Goondas Act, 1970, vide Case No. D-201804230000127, Police Station-Kotwali Rudauli, District-Faizabad contained in Annexure No. 1 to the writ petition. The petitioner has further prayed for a direction to the opposite parties not to adopt any coercive measure in peaceful living in his house and within the district where the petitioner resides.

2. It has been alleged in the writ petition that the petitioner has passed B.Sc examination and is presently working as an Executive in a Tour and Travels company at Lucknow and the work, conduct and behaviour of the petitioner has always been good and there is no complaint against the petitioner from any corner, except the impugned notice based on solitary F.I.R.

3. An F.I.R. was lodged against the petitioner on 25.7.2017 in regard to an alleged incident said to have occurred during the demonetization period on 24.7.2017 against two unknown persons, by the Guard of the A.T.M. in question under Section 394 I.P.C. However, subsequently during investigation, the petitioner has been falsely implicated in the same. The petitioner has been enlarged on bail in the said case. As stated, the petitioner has never been involved in any type of criminal activities and is very sincere towards his studies and presently doing a private job and mostly lives in Lucknow.

4. It has however been alleged that the local police with mala fide intention, prepared a G.D. entry No. 38 dated 26.12.2017, beat criminal, Police Station Rudauli and sent the recommendation to the opposite party No. 2, who without going into the merits of the allegations and without applying his mind issued show-cause notice dated 2.2.2018 under Section 3 of the Uttar Pradesh Control of Goondas Act 1970,(hereinafter referred as Goondas Act), wrongly referred in the impugned notice as Act 1971, fixing 22.2.2018 for submitting reply. But the same has been served on the petitioner on 10.4.2018. It has however been stated that in the family of the petitioner there are two sisters and one brother and the petitioner is living under the guidance of his father and mother.

A short counter-affidavit has been filed by the opposite party No. 2 stating therein that the impugned notice has been issued under Section 3/4 of Goondas Act, 1970 on the basis of report dated 11.1.2018 submitted by Senior Superintendent of Police, District Faizabad, which was forwarded on the basis of the recommendation of the SPO, Faizabad dated 30.12.2017 and after perusing the Challani Report of the Station House Officer, Police Station Rudauli, District Faizabad. It has been stated in the show-cause notice that the petitioner is having criminal antecedents and that he used to commit crime enumerated under Chapters 16, 17 and 22 of the Indian Penal Code and due to his notoriety and terror, the public does not submit any complaint against him on account of fear of their life. It has however been contended that it has been revealed in the show-cause notice that the petitioner has to submit reply to the notice dated 2.2.2018. However instead of submitting his reply he has directly approached this Court. It has also been submitted that the petitioner has been charge-sheeted in Case Crime No. 265 of 2017, vide charge-sheet bearing No. A-127 dated 13.8.2017, meaning thereby he has a criminal history of one case.

5. Heard Sri Qazi Mohd. Ahmad Khan and learned Additional Government Advocate.

It has been submitted by the learned counsel for the petitioner that the impugned show-cause notice has been issued against the petitioner only on the basis of his alleged involvement in a solitary case. Learned counsel for the petitioner further submitted that the petitioner is neither a Gang Leader nor member of any gang. He further submitted