AKHILESH CHANDRA SHARMA,J. - (1.) The petitioner by means of this writ petition has challenged the show cause notice dated 18.07.2017 issued by Respondent no. 2/District Magistrate, Varanasi, under Section 3 (1) U.P. Control of Goondas Act, 1970, Police Station Lanka, District Varanasi (Annexure No. 1 to the writ petition).
(2.) It has been submitted by the learned counsel for the petitioner that the impugned show-cause notice has been issued against the petitioner only on the ground of his involvement in a solitary case. Learned counsel for the petitioner further submitted that petitioner is neither a Gang Leader or any Gang Member of any Gang. The petitioner is falsely implicated in Case Crime No. 509 of 2017 under Section 323, 504, 506, 376 of I.P.C. The petitioner had performed a marriage with a girl named Moni Patel, due to love and affection. Due to some matrimonial dispute, between them, Moni Patel lodged FIR against the petitioner by moving false and frivolous application under Section 156(3) Cr.P.C, 1973 in which he was released on bail. Subsequently, after lodging aforesaid FIR, police investigated the matter, and without material evidence, submitted charge sheet against the petitioner on 2.6.2017, in collusion with Moni Patel. After submission of police report Station Officer of concerned Police Station falsely made a report before respondent no. 2, for initiating proceeding against the petitioner under U.P. Control of Goondas Act, and respondent no.2, without collecting other material in regard to habitual offender of act of petitioner, issued a show cause notice against the petitioner on 18.7.2017.
(3.) It has been next submitted by learned counsel for the petitioner that the impugned show-cause notice has been issued against the petitioner only on the ground of his involvement in a solitary case. He further submitted that Hon'ble Apex Court in the case of Imran alias Abdul Qudus Khan v. State of U.P. and others reported in 2000 (Suppl.) ACC 171 (HC) has taken the view that for a person to be a "Goonda" under sub-clause (i) (b) is to be a person who has to his credit repeated/persistent overt acts not isolated and individual act and in view of the above, the impugned show-cause notice is liable to be quashed.;