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State of Uttar Pradesh - Section

Section 6 in The U.P. Habitual Offenders' Restriction Act, 1952

6. Hearing of the notice and service of the order.

(1)If, after considering the objections, if any, of the person concerned and holding such other enquiry as he may think fit, the District Magistrate finds that he was less than 18 years of age on the date of notice or that a period of more that three years as aforesaid, had intervened, or that he is not an habitual offender, he shall discharge the notice, and if such person is in custody in accordance with any proceeding under Section 5 direct him to be released forthwith.
(2)If the notice is not discharged under sub-section (1), the District Magistrate shall pass an order of restriction against him.