- (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. Additional District Magistrate (City), Allahabad, was supplied with a dossier by the police on the basis of which he issued notice under Section 3 (1) of the Act, to the petitioner mentioning therein that the petitioner who is son of Gulam Murtaza, resident of 139, Bans Mandi, Tilak Road, P. S. Mutthiganj, Allahabad is a goonda and is a habitual criminal, who commits crime under chapter 16, 17 and 22 of I.P.C and has a reputation of being an outlaw and his presence is detrimental to the society. The general nature of material allegations against him are (a) Possession of explosive (b) assault without reason (c) extortion by show of force (d) and terrorise people by projecting bombs. Notice further details criminal cases pending against the petitioner which includes (1) Cr. No. 93 of 2007, under Section 4/5, Explosive Substances Act, in which charge-sheet has already been submitted on 7.7.2007, (2) Cr. No. 45 of 2008, under Section 324, I.P.C. in which also charge-sheet has been submitted on 26.6.2008, (3) Cr. No. 258 of 2008, under Section 4/5, Explosive Substances Act, in which investigation is still in progress, (4) beat report 36 dated 18.8.2008 the inquiry of which revealed that the petitioner is a goonda and public in general deter to give evidence against him.
(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. We have heard Sri I. N. Mulla, and Ramanuj Pandey advocate in support of this petition and learned A.G.A. in opposition.;