JUDGMENT :

Karunesh Singh Pawar, J.

1. Short counter affidavit filed today on behalf of the respondents State is taken on record.

2. Heard Sri Nripendra Mishra, learned counsel for the petitioner and learned AGA for the respondents State.

3. By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of notice dated 13.1.2017 issued by Additional District Magistrate, Bahraich under Section 3 (1) of the U.P. Control of Goondas Act, 1970 (hereinafter referred to as "1970 Act"), Police Station Rupaidiha, District Bahraich..

4. Learned counsel for the petitioner has submitted that the impugned notice has been issued against the petitioner only on the ground of his involvement in a solitary case i.e. Case Crime No. 1540 of 2014, under Sections 354, 452, 506 I.P.C., Police Station Rupaidiha, Bahraich, in which, the petitioner was acquitted by the learned Court below vide judgment and order dated 30.05.2015 i.e. much prior to issuance of the impugned show cause notice. He also submitted that the petitioner is neither a Gang leader nor any Gang member of any gang. Therefore, issuance of impugned notice to the petitioner amounts to violation of h