Point of Law: Power conferred on the authorities and the procedure provided by the Act seriously impinge upon the fundamental rights of a citizen and it makes a serious inroad on the personal liberty.

JUDGMENT :

DEEPAK VERMA, J.

1. Heard learned counsel for the petitioner; learned A.G.A. for the State/respondents and perused the record.

2. The instant writ petition seeks quashing of the impugned show cause notice dated 01.02.2022 issued by the Additional District Magistrate (Finance and Revenue), Gorakhpur, under Section 3/4 U.P. Control of Goondas Act, 1970.

3. It is contended by learned counsel for the petitioner that petitioner is a student of B.A. II year and his examination is going to start from 22.03.2022 and his conduct has always been good. He has been falsely implicated in the impugned notice on account of involvement in a solitary case under Section 3/4 U.P. Control of Goondas Act. The petitioner is neither the gang leader nor he is associated with any gang as member and, therefore, no offence under the Goondas Act is made out. He has falsely been implicated in Case Crime No. 161 of 2021, under Sections 147, 148, 452, 323, 504, 506, 336, 352, 427 I.P.C. It has next been contended that Investigating Officer has submitted charge sheet in the aforesaid case. The petitioner has been enlarged on anticipatory bail.

4. Counsel for the petitioner next argued that the respondents with mala-fide intention initiated proceedings and issued notice dated 01.02.2022 under Section 3/4 of U.P. Control of Goondas Act, 1970 against the petitioner, which is faulty and without following the mandatory provisions provided under Section 3(1) of the Act. It has been further argued that notice should contain essential assertion of facts in relation to matter set out in clause a, b and c sub Section 1 of Section 3 of Goondas Act. The notice dated 01.02.2022, challenged herein, does not refer to any evidence or facts.

5. Learned counsel for the petitioner has placed reliance upon full Bench decision (five Judges) Bhim Sain Tyagi vs. State of U.P. 1999 (39) All. Criminal Cases 321 and Ramji Pandey vs. State of U.P. and Another, 1981 Criminal Law Journal 1083 and two other judgments passed by Co-ordinate Bench of this Court.

6. Learned A.G.A. opposed the submissions of counsel for the petitioner and submitted that present petition has been filed against the show cause notice and petitioner has remedy to reply of the show cause notice before the authority. The impugned notice issued against the petitioner is just and proper and according to provisions laid down in Section 3 of Goondas Act. It is further submitted that it is well settled proposition of law that on solitary case, notice can be issued.

7. We have heard learned counsel for the parties and perused the aforesaid judgments.

8. The argument raised on behalf of the petitioner with regard to notice is that it does not contain the essential assertions which are required by Section 3(1) clauses a, b and c of Goondas Act. The notice issued under Section 3/4 of the petitioner does not contain the mandatory ingredients provided under Section 3(1) of Goondas Act. Notice issued to the petitioner is quoted below:

mRrj Áns'k xq.Mk fu;a=.k vf/kfu;e dh /kkjk 3@4 ds vUrxZr uksfVl%&

la[;k% 249@is'kdkj&22

fnukad 01-02-2022

pwafd esjs lkeus j[kh x;h lwpuk ds vk/kkj ij eq>s ;g Árhr gksrk gS fd vfer 'kekZ iq= /kesZUæ 'kekZ fuoklh feJjkSyh] Fkkuk xxgk] ftyk xksj[kiqj ,d xq.Mk gS vFkkZr o Lo;a Hkkjrh; n.M lafgrk ds v/;k; 16] 17] 22 ds vUrxZr n.Muh; vijk/k djrk gSA lekt ds fy;s nq%lkgfld ,oa [krjukd O;fDr gksus dh bldh lkekU; [;kfr gSA og HkkŒnŒlaŒ ds v/;k; 16] 17] 22 esa of.kZr vijk/kksa dks djus dk vijk/kh gSA bldh xfrfof/k;ka O;fDr;ksa dks {kfr igaqpkus okyh gSa blds Hk; ds dkj.k turk dks dksbZ Hkh O;fDr blds fo:} iqfyl dks lwpuk nsus xokgh nsus dks rS;kj ugha gksrk gSa ,oa blds fo:} lkjoku vkjksi layXu gS%&

1- vfHk;qDr ds fo:} eqŒvŒ la[;k 161@2021] /kkjk 147] 148] 452] 323] 504] 506] 336] 352] 427 HkkŒnŒfoŒ vf/kfu;e ds fo:} iathd`r gqvk] ftlds foospukijkUr iathd`r gqvk] vkjksi i= fnukad 31-07-2021 dks U;k;ky; Ásf"kr fd;k x;k] tks fopkjk/khu U;k;ky; gSA

2- ohV lwpuk fnukad 11-12-2021 Fkkuk xxgk] jiV la[;k 53

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