High Courts

Salam Sadiq Khan vs State of U.P.and others

Allahabad High Court · Decided on 5 September 2007 · Citation: (2007) 09 AHC CK 0126

HON’BLE JUDGES
Sushil Harkauli, J and Sudhir Agarwal, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Control of Goondas Act, 1970 — Section 3
CASE NUMBER
Criminal Miscellaneous W.P. No. 13258 of 2007
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Judgment

2 paragraphs · 135 words

Sushil Harkauli and Sudhir Agarwal, JJ.

After hearing learned Counsel for the petitioner and the A.G.A. we allow this writ petition and quash the impugned showcause notice under section 3 of the U.P. Control of Goondas Act, 1970 (Annexure ''5'' to this writ petition) dated 6.8.2007 on the ground that it only mentions the crime numbers and the sections and does not give the general nature of material allegation, as required by the Full Bench decision of this Court in the case of Bhim Sain Tyagi v. State of U.P., 1999 (39) ACC 321 = 1999 All JIC 611 (All FB). It is made clear that it will be open to the respondents to give a fresh notice in accordance with law, if they consider that it is necessary to give a fresh notice now.