- (1.) Heard Sri Sushil Shukla and Sri Shikher Awasthi, learned counsel for the petitioner and Sri Neeraj Kant Verma, learned Addl. Government Advocate for the State of U.P.
(2.) The petitioner Rajesh Awasthi has preferred the present writ petition with the following prayer: 1.To, issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 24.09.2014 issued by the respondent No. 2 under section 3 of the U.P. Control of Goondas Act, 1970 as against the petitioner and consequent proceedings initiated thereof, And 2.To pass any other writ or order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 3.To award the cost of the petition in favour of the petitioner.
(3.) The facts in brief of this case are that Addl. District Magistrate (City), Kanpur Nagar has issued a notice to the petitioner under section 3 of U.P. Control of Goondas Act in case No. 262 of 2013 on 24.09.2014 mentioning therein that the petitioner shall appear before his court on 4.10.2014 at 11.00 A.M. to explain in writing as to why the order under section 3(3) of the U.P. Control of Goondas Act may not passed against him. In the impugned notice it has been mentioned that on the basis of the report dated 29.7.2014 submitted by S.S.P. Kanpur Nagar it appears: A. that the petitioner is goonda, either he commits or attempts or abets commission of an offence punishable under chapter XVI, XVII or section 22 of the I.P.C. and he generally reputed to be a person who is desperate and dangerous to the community and that B. his movements or acts in Kanpur Nagar region are causing or are calculating to cause alarm, danger or harm to persons or property, there are reasonable grounds for believing that he is engaged or about to engage in the district or any part thereof in the commission of the any offence punishable under chapter XVI, XVII or section 22 of the I.P.C or Arms Act or under the U.P. Excise Act 1910 or into abetment of any such offence and that C. Witnesses are not willing to come forward to give evidence against him by writing, apprehension with regard to safety of their persons and of their property D. and whereas the material allegation against him in support of the aforesaid clause are of the following general nature; (i) he along with his associates fired upon Sri Naveen Mishra, Pariyojna Nideshak, Bhartiya Rastriya Rajmarg, Kanpur Nagar, R/o 128/681, Kidwai Nagar, Kanpur and to create obstruction on national highway appellate, consequently the member of the staff became injured and the JCB was also damaged, consequently case crime No. 476 of 2012 under sections 147, 148, 149, 307 IPC, P.S. Chakeri, District Kanpur Nagar was registered.;