Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7196 of 2018 Petitioner :- Rajiv @ Gandhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Shankar,Virendra Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Neeraj Tiwari,J.
This petition for writ is preferred to challenge the notice issued by the Additional District Magistrate (Administration) Muzzafarnagar invoking the powers under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970. The submission of the learned counsel for the petitioner is that the proceedings have been initiated on basis of four criminal cases pertaining to offence punishable under Section 60 of the Uttar Pradesh Excise Act, 1910. It is asserted that merely on the basis of pendency of the cases under Excise Act, no proceedings could have been initiated under the Act of 1970.
The provision as per clause (b) of Section 2 defines a person who 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, 27 or 29 of the Arms Act, 1959. As per the averments contained in para 6 of the petition for writ, the petitioner has already been convicted in 4 cases under Section 60 of the Excise Act, 1910 and as such it cannot be said that the proceedings initiated are without jurisdiction.
The writ petition, hence, is dismissed.
Order Date :- 23.3.2018 Junaid (Neeraj Tiwari,J.) (Govind Mathur,J.)