BACHCHARAJ Vs. STATE OF U P

JUDGEMENT

(1.) LIST has been revised. Despite that none responded on behalf of the petitioner though name of Mr. S. K. Srivastava is shown as his counsel in the cause list. Learned A. G. A. Is, however, present for the State. We have perused the record.

(2.) THIS writ petition has been filed for quashing the notice dated 22. 2. 2007 issued by the District Magistrate , Fatehpur against the petitioner under section 3 of The U. P. Control of Goondas Act (hereinafter referred to as 'act') in Case No. 91/2007 State Vs. Bachchharaj. Pursuant to the aforesaid notice the petitioner was required to appear in the court of District Magistrate , Fatehpur on 26. 3. 2007 and to show cause as to why an order be not passed under section 3 of the Act. The petitioner has challenged the vires of the notice and also prayed for stay of the proceedings of the above case till disposal of this writ petition.

(3.) IT will be useful to go through the relevant portions of Section 3 of the Act which runs as under: