- (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: "3. Externment, etc. of Goondas:- (1) Where it appears to the District Magistrate- (a) that any person is a Goonda; and (b) (i) that his movements or acts in the district or any part thereof are causing, or are calculated to cause alarm, danger or harm to persons or property ; or (ii) that 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 an offence referred to in sub-clause (i) to (iii) of clause (b) of Section 2, or in the abetment of any such offence; and (c) that witnesses are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property-the District Magistrate shall by notice in writing inform him of the general nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them. ";