DEVENDRA KUMAR UPADHYAYA,J. - (1.) Supplementary affidavit in support of petition filed by the petitioner and the instructions dated 13.05.2018 received by the learned Government Advocate from the Additional District Magistrate, filed by the Additional Government Advocate, are taken on record.
(2.) The petitioner-Suresh Tiwari, by means of the present petition, has approached to this Court challenging the show cause notice dated 22.03.2018 issued by the opposite party no.2-Additional District Magistrate, Gonda, under Section 3(1) of the U.P. Control of Goondas Act, 1970, vide Case No. D-201808300000920, Police Station- Khargupur, District-Gonda contained in Annexure No. 1 to the writ petition. The petitioner has further prayed for a direction to the opposite parties not to give effect to the notice dated 22.03.2018 issued by opposite party no.2.
(3.) It has been alleged in the writ petition that the impugned show cause notice dated 22.03.2018 has been issued on the basis of only one criminal case, which is clear from the show cause notice itself, against the petitioner vide Case Crime No. 097 of 2017, under Sections 323, 504 I.P.C. and Section 3(1) S.C./S.T. Act. It has further been alleged that the petitioner is accused in only one case, hence petitioner cannot be said to be habitual offender. In the said case also, he has falsely been implicated.;