Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34357 of 2018 Petitioner :- Jeet Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anuj Bajpai for the petitioner and Additional Government Advocate for State.
The writ petition has been filed for quashing the notice issued by Additional District Magistrate dated 2.8.2018 in Case No. 1077 of 2018 (State Vs. Jeet Singh) under Section 3 (1) of UP Control of Goondas Act, 1970, P.S. Tilhar, Distt. Shahjahanpur.
A perusal of the notice shows that the present notice has been issued on the basis of one case i.e. first, Case Crime No. 29 of 2018, under Section 2/3 of Prevention of Damage to Public Property Act, 1984 was registered against the petitioner in which allegation has been made that the petitioner had encroached upon Gaon Sabha land and the other is Beat Information Rapat no. 52 dated 5.6.2018, in which also allegation has been made in the G.D. in respect of illegal occupation over gaon sabha land.
The counsel for the petitioner submits that so far as Case No. 29 of 2018 is concerned, encroachment upon gaon sabha land does not attract the provisions of Prevention of Damage to Public Property Act, 1984 as such no offence is made out against the petitioner.
We have considered the arguments of the counsel for the petitioner.
Word "Goonda" has been defined under Section 2 (b) of UP Control of Goondas Act, which is quoted below:
2(b) 'Goonda' means a person who-
(i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or
(ii) has been convicted for an offence punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or
(iii) has been convicted not less than thrice for an offence punishable under the U.P. Excise Act, 1910 or the Public Gambling Act, 1867 or Section 25, Section 27 or Section 29 of the Arms Act, 1959; or
(iv) is generally reputed to be a person who is desperate and dangerous to the community; or
(v) has been habitually passing indecent remarks or teasing women or girls; or
(vi) is a tout;
Thus on the basis of a single case, it cannot be said that the petitioner is habitual to commit or attempt to commit or abet the commission of an offence punishable under the law. The aforesaid legal position is not disputed.
In the facts of the case, notice issued under Section 3 of UP Control of Goondas Act, 1970 is without jurisdiction. In the results, the writ petition succeeds and is allowed. The notice dated 2.8.2018 issued in Case No. 1077 of 2018 (State Vs. Jeet Singh) under Section 3 (1) of UP Control of Goondas Act, 1970, P.S. Tilhar, Distt. Shahjahanpur, is hereby quashed.
Order Date :- 29.11.2018 Rahul /-