SUNEET KUMAR, VIKRAM D. CHAUHAN
Prashant Tiwari Alias Jammu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. The present writ petition is filed by the petitioner challenging the show cause notice dated 3rd July 2020 said to be issued by the respondent no. 2 - District Magistrate, Jaunpur.
2. Heard learned counsel for the petitioner and learned AGA on behalf of the State.
3. It is submitted by the learned counsel for the petitioner that the petitioner has been subjected to a show notice issued under Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970 (U.P. Act No. VIII of 1971). The impugned show cause notice is illegal as the general material allegation under Section 3(1) of the U.P. Act No. VIII of 1971 has not been stated in the impuned show cause notice. Learned counsel for the petitioner has further relied upon the Full Bench judgment of this Court in Bhim Sain Tyagi Vs. State of U.P. and others, reported in 1999 (39) ACC 321 (FB) and submits that the writ petition against the show cause notice is maintainable as has been held by the Full Bench of this court and as such the impugned notice is liable to be quashed.
4. The learned AGA for the State has raised objection with regard to the maintainability of the present writ petition and has state
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