High CourtsDivision Bench

Trijugi Narain Pandey vs State of U.P. and Others

Allahabad High Court · Decided on 30 March 2000 · Citation: (2001) 1 ACR 544

HON’BLE JUDGES
S.H.A. Raza, J · Kamal Kishore, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 1385 (M/B) of 2000

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 124 words

S.H.A. Raza and Kamal Kishore, JJ.—We have perused the notice issued u/s 3/4 of U.P. Goonda Control Act from which it transpires that general nature of material allegations regarding the cases which were registered against the Petitioner have not been given. Therefore, the notice served is bad. Later on a larger Bench of this Court in Neem Chand Tyagi v. State 1999 JIC 192, also observed that such a notice would be bad in view of the aforesaid ruling. We are of the view that notice issued by the District Magistrate is totally vitiated. Accordingly the writ petition succeed. The impugned order is accordingly quashed.

2.

However, it will be open for the District Magistrate to issue a fresh notice in accordance with law.