LAWS(ALL)-2009-7-45

SHEEBU SIDDIQUI Vs. STATE OF U P

Decided On July 03, 2009
SHEEBU SIDDIQUI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) CHALLENGE in this writ petition is the notice under Section 3 (l) of U. P. Control of Goonda's Act (hereinafter referred to as the Act), dated 11.11.2008, issued by Additional District Magistrate (City), Allahabad, in Case No. 56 of 2008, State v. Shibu Siddiqui, under Section 3 (3) of the Act.

(2.) BEFORE we proceed to deal with legality or otherwise of the said notice in conjunction with the raised contentions by the contesting rival sides, a resume of factual matrix are sketched below.

(3.) ON the above factual matrix, Additional District Magistrate (City) has issued notice under Section 3 (1) of the Act, which is now prayed to be quashed in this writ petition as the petitioner claims himself to be peace loving and law abiding citizen of the country and has never been involved in any activity that tends to disturb Civil Peace and tranquillity of society. The petitioner has been asked to submit his reply in response to the impugned show cause notice as to why an action should not be taken against him under Section 3 (3) of the Act, fixing 2.12.2008, for his appearance before the issuing authority.