The legal principle established in the judgment emphasizes the necessity for specificity of facts and a consistent course of conduct to label a person as a 'Goonda' under the U.P. Control of Goondas Act, 1970.

1. Supplementary affidavit in support of petition filed by the petitioner and the instructions dated 13.05.2018 received by the learned Government Advocate from the Additional District Magistrate, filed by the Additional Government Advocate, are taken on record.

2. The petitioner-Suresh Tiwari, by means of the present petition, has approached to this Court challenging the show-cause notice dated 22.03.2018 issued by the opposite party No. 2-Additional District Magistrate, Gonda, under Section 3(1) of the U.P. Control of Goondas Act, 1970, vide Case No. D-201808300000920, Police Station- Khargupur, District-Gonda contained in Annexure No. 1 to the writ petition. The petitioner has further prayed for a direction to the opposite parties not to give effect to the notice dated 22.03.2018 issued by opposite party No. 2.

3. It has been alleged in the writ petition that the impugned show-cause notice dated 22.03.2018 has been issued on the basis of only one criminal case, which is clear from the show-cause notice itself, against the petitioner vide Case Crime No. 097 of 2017, under Sections 323, 504, I.P.C. and Section 3(1) S.C./S.T. Act. It has further been alleged that the petitioner is accused in only one case, hence petitioner cannot be said to be habitual offender. In the said case also, he has falsely been implicated.

4. In the supplementary affidavit filed today, petitioner has disclosed that an F.I.R. was lodged against the petitioner at Case Crime No. 097 of 2017, Police Station Khargupur, District Gonda on 12.04.2017 at about 12:40 p.m. It has been alleged in the F.I.R. that the petitioner had assaulted the informant on 10.04.2017 at about 7:00 a.m. in the morning. The petitioner had appeared before the Special Judge (S.C./S.T. Act), Gonda and was enlarged on bail on 04.08.2017, on his furnishing personal bond of Rs. 20,000/- and two sureties in the like amount. It has further been alleged that no other criminal case is pending against the petitioner and he is not a habitual offender.

5. It has however been alleged that the local police with mala fide intention, prepared a G.D. Entry No. 37 dated 24.07.2017, Police Station-Khargupur 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 22.03.2018 under Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970,(hereinafter referred as Goondas Act).

6. In the written instructions provided to the learned A.G.A. dated 13.05.2018 by the Additional District Magistrate, Gonda, it has been stated that the impugned notice has been issued under Section 3(1) of the Goondas Act, on the basis of the Challani report dated 28.07.2017 submitted by the Superintendent of Police, Gonda. It has further been informed that the Public Prosecutor had submitted a report dated 13.11.2017 indicating therein that the charge sheet has not been annexed alongwith the report and in case the same is annexed and submitted, there is no legal hurdle in issuing show-cause notice. Thereafter, on submission of the report alongwith the charge sheet, the show-cause notice was issued after considering the Beat information and the documents. 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 22.03.2018. Further the petitioner appeared and furnished two sureties of Rs. 50,000/- each and a personal bond of Rs. 50,000/- which has been accepted by the Court and the case has been fixed on 26.05.2018 for objections. After receipt of the objections, the decision will be taken by the Court on merit. But 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. 097 of 2017, vide charge sheet bearing No. A-17 dated 26.05. 2017, meaning thereby he has a criminal history.

7. Heard Sri. Praveen Tripathi and learned Ad