GAYYUR HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the petitioners and learned A.G.A. for the State.

(2.) The conduct of the State-respondent in not cooperating with the present proceeding is writ large, that inspite several opportunities counter affidavit was not filed, accordingly, vide order dtd. 14/9/2022, the Court was restrained to impose Rs.10,000.00 cost on the State-respondent. Counter affidavit on behalf of the third respondent thereafter has been filed.

(3.) The thrust of the argument of learned counsel for the petitioner rests on two assertions, viz, that the notice under Sec. 110 of the Code is in violation of the principle of natural justice as no show cause was issued prior to issuing of the impugned notice cum order. Further, proceedings under Sec. 110 of the Code was initiated on the strength of a solitary case being Case Crime No. 52 of 2019, under sec. 3/4 Prevention of Damage to Public Property Act, 1984. That single case would not make the petitioners habitual offender.