LIYAQAT KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for quashing the notice dated 14-10-1993 issued by the District Magistrate, Kheri, contained in Annexure-1 to the writ peti tion, which has been issued under Section 3 of the Uttar Pradesh Control of Goondas Act, and for directing the opposite party No. 2, the District Magistrate, to accept the surety bonds when the petitioner appears before him and files surety bonds.

(2.) LEARNED Counsel for the petitioner as well as learned Standing Counsel have been heard. LEARNED Counsel for the petitioner has argued that there is no provision under Section 3 of the U. P. Control of Goondas Act for arrest of the person in case surety bonds and personal bond are filed and are sent for verification to the authorities concerned.

(3.) IN view of the above it is directed that the authority concerned, on filing of the personal bond and surety bonds, may send the surety bonds for verification, if necessary and in the meantime shall accept the same provisionally and will require the petitioner to appear on a later date, preferably within 15 days during which course the surety bonds will also be got verified, if they are sent for verification. Pending verification of the bonds the petitioner shall not be taken into custody.