Court No. - 73
Case :- CRIMINAL MISC. WRIT PETITION No. - 5170 of 2019
Petitioner :- Sultan
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sushil Kumar Tewari,Braham Singh
Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been for quashing the impugned order dated 29.12.2018 passed by respondent no. 3 in Case No. 01819 of 2019 (Computer Case No. C201813160001819) under Section 3 of U.P. Control of Goondas Act, 1970 and impugned order dated 7.2.2019 passed by respondent No. 2 in Case No. 00151 of 2019 (Computer Case No. C2019131000000151), under Section 6 of U.P. Control of Goondas Act and also direct the respondents not to interfere in the peaceful living of the petitioner as an Indian Citizen.
It is submitted by learned counsel for the petitioner that the impugned order dated 29.12.2018 has been passed by respondent no. 3 imposing Goondas Act upon the petitioner only on the basis of one case. It is further submitted that as per law settled by this Court as well as Apex Court Goondas Act cannot be imposed only on the ground of single case. He has also produced the copy of two orders passed by this Court in Criminal Misc. Writ Petition Nos. 4711 of 2016 (Jangaliya @ Siddharth Vs. State of U.P. and 3 others) decided on 1.3.2016 and Criminal Misc. Writ petition No. 10678 of 2010 (Nisar and others Vs. State of U.P. and others) decided on 18.2.2016 which was given after considering the judgments of Apex Court. It is next submitted that the learned Commissioner has also dismissed the appeal only on the ground of delay of four days, therefore, the impugned orders dated 29.12.2018 passed by respondent no. 3 and 7.2.2019 passed by respondent No. 2 are liable to be quashed.
I have perused the impugned orders dated 29.12.2018 passed by respondent no. 3 and 7.2.2019 passed by respondent No. 2. Prima facie, it is apparent that the Goondas Act has been imposed upon the petitioner only on the basis of single case and the appeal has been dismissed only on the ground of delay of four days.
Considering the facts and circumstances of the case, the present writ petition is allowed. The impugned order dated 7.2.2019 passed by respondent No. 2 is hereby quashed. The matter is remanded to the respondent no. 2 to decide the appeal filed by the petitioner in accordance with law within a period of one month from the date of production of certified copy of this order.
Till the disposal of the appeal filed by the petitioner, the impugned order dated 29.12.2018 passed by respondent no. 3 shall not be given effect.
Order Date :- 26.2.2019 Rmk.