Court No. - 81
Case :- CRIMINAL MISC. WRIT PETITION No. - 4704 of 2021 Petitioner :- Brij Nandan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- G.A.
Hon'ble Naveen Srivastava,J.
Heard Sri Chandra Prakash Garg, learned counsel for petitioner and learned AGA for State and perused the record.
This writ petition has been filed with the prayer to quash the order dated 12.04.2021 passed by Commissioner Chitrakoot Dham Mandal, Banda in Case No. 00367 of 2021 as Computer Case No. C202107000000367 (Brijnandan Singh Vs. State of U.P.), U/S 6 of U.P. Control of Gunda Act 1970 and order dated 05.03.2021 passed by District Magistrate, Banda, District Banda in Case No. 00186 of 2020 as Computer Case No. D202007110000186 (State Vs. Brijnandan Singh), U/S 3 (1) U.P. Control of Gunda Act, 1970, PS Tindwari, District Banda.
It has been contended by the learned counsel for the petitioner that an externment order was passed by the respondent no.3, District Magistrate, Banda under Section 3(1) of U.P. Control of Gunda Act, police station Tindwari, district Banda against which the petitioner preferred an appeal before the concerned Divisional Commissioner alongwith stay application, the appeal as well as stay application was dismissed by the Divisional Commissioner vide order dated 12.04.2021. He submitted that as per notice issued under the Goonda Act, one case been shown against the petitioner and as such on the basis of solitary case against the petitioner, he cannot be termed as 'Goonda' within the meaning of Section 2(b) of the Act as he is not a habitual offender. In support of his contention, learned counsel for the petitioner has placed reliance on the judgment in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. reported in CRLJ 2000-0-1328.
Learned AGA for the State tried to justify the impugned orders passed by the respondents but could not dispute the fact that there is single criminal case against the applicant and the proportional of law laid down by this Court in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. (Supra).
Considered the submissions advanced by learned counsel for the parties.
It is an admitted fact that there is one solitary case against the petitioner on the basis of which an externment order has been passed by the respondent no.3 which has been confirmed by respondent no.2 hence the petitioner cannot be termed as 'Goonda' within the meaning of Section 2(b) of the Act. The case law which has been relied upon by the petitioner in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. (Supra) as well as in another case which has been decided on identical issue on 30.7.2015 by this Court in Criminal Writ Petition No.1622 of 2015 Rishev Raghav (minor) Vs. State of U.P. squarely covers the case of the petitioner. Hence, in view of the above, the impugned orders passed by the respondent nos. 2 and 3 are not sustainable in the eyes of law and liable to be set-aside.
The impugned order dated 12.04.2021 passed by Commissioner Chitrakoot Dham Mandal, Banda in Case No. 00367 of 2021 as Computer Case No. C202107000000367 (Brijnandan Singh Vs. State of U.P.), U/S 6 of U.P. Control of Gunda Act 1970 and order dated 05.03.2021 passed by District Magistrate, Banda, District Banda in Case No. 00186 of 2020 as Computer Case No. D202007110000186 (State Vs. Brijnandan Singh), U/S 3 (1) U.P. Control of Gunda Act, 1970, PS Tindwari, District Banda are hereby set aside and quashed.
The petition stands allowed.
Order Date :-28.10.2021 AKT