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Arun Kumar Tewari vs State of U.P.

Allahabad High Court · Decided on 20 August 1999 · Citation: (1999) 08 AHC CK 0100

HON’BLE JUDGES
R.D.Shukla, J and Khem Karan, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Control of Goondas Act, 1970 — Section 3
RESULT
Allowed
CASE NUMBER
Writ Petition (Crl) No. 3700 (M/B) of 1999;
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Judgment

3 paragraphs · 159 words
1.

The writ petition has been filed for a writ of certiorari for quashing notice dated 2171999 Anncuxre No. 1, issued under Section 3 of the U.P. Contrl of Goondas Act, 1970.

2.

The contention is that the notice in question does not disclose the general nature of material allegations, a basic requirement of this notice and it is lacking in the instant case. Learned A.G.A. states that he would not file any counter affidavit.

3.

The controversy in question is covered by a Full Bench decision of this Court in Bhimsen Tyagi v. State of U.P. reported in 1999 (2)"JIC 192 (Allahabad) and as such the writ petition is allowed and the notice in question is quashed with an option to the appropriate authority to issue fresh notice in accordance with law and the law laid down in Bhimsen Tyagi''s case if he so thinks proper. With these observations the writ petition is disposed of finally. Petition allowed.