2018 (4) ALJ 507 ::(2018) 2 AllCriR 1717 ::(2018) 6 ADJ 611 (ALL) ::(2018) 104 AllCriC 400

Allahabad High Court

Hon'ble Judge(s): Devendra Kumar Upadhyaya, Rajnish Kumar , JJ

(A) Constitution of India , Art.226— U.P. Control of Goondas Act (8 of 1971) , S.3— Writ petition - Maintainability - State Authorities issuing show-cause notice to petitioner for initiating externment proceedings against him, referring him as 'goonda' - Show-cause notice issued under any statutory provision, should satisfy conditions of provision where under it was issued - In case of non-fulfilment of statutory conditions, same can be challenged before Court by filing writ petition - Show-cause notice issued to petitioner not indicating any substantial allegations on basis of some material in accordance with relevant provisions of Act - @ALJ-VOLIV-Page-508Writ petition against show- cause notice, maintainable.Allahabad Criminal Cases 1999 All LJ 1845, Rel. on. (Para 10 12) (B) U.P. Control of Goondas Act (8 of 1971) , S.2(b), S.3— Externment proceedings - Issuance of show-cause notice - State Authorities issuing show-cause notice to petitioner for initiating externment proceedings against him, referring him as 'goonda' - 'Goonda' includes person who either by himself or as member of gang, habitually commits or attempts to commit offences as referred in statute - Show-cause notice mentioning description of only one criminal case against petitioners - Pe....