GOBARDHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Dharmendra Pratap Singh, learned Counsel for the petitioner and learned A. G. A. for the State.

(2.) ON behalf of the State, counter affidavit has been filed. Learned Counsel for the petitioner submits that he does not require time to file rejoinder affidavit.

(3.) WE have perused the impugned notice and find that it does not fulfil the mandatory requirement of Section 3 (1) of the Act in as much as it does not contain the material allegations of general nature and does not give proper and sufficient opportunity to the petitioner to answer and defend himself. Consequently the impugned notice as well as the proceedings persuant thereto cannot be allowed to continue.