Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1684 of 2019 Petitioner :- Sunil Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Rakesh Kumar Srivastava, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the order of Additional District Magistrate dated 20.11.2018 passed under Section 3/4 U.P. Control of Goondas Act 1970 by which order of externment of the petitioner has been passed.
A perusal of the impugned order shows that Case Crime No. 371 of 2016 under Section 354, 323, 504 and 506 I.P.C. was registered against the petitioner at Police Station- Jewar, District- Gautam Budh Nagar. On the basis of the aforesaid case, Additional District Magistrate, Gautam Budh Nagar issued notices under Section 3 of U.P. Control of Goondas Act 1970 to the petitioner on 08.09.2017.
Petitioner submitted his reply dated 14.12.2017 in which the petitioner has stated that due to village party bandi the petitioner has wrongly named in F.I.R. of Case Crime No. 371/2016. The substance of filing F.I.R., there is nothing on record to show that the petitioner has acted in illegal manner in any where. Additional District Magistrate however did not satisfy with the reply of the petitioner and passed impugned order of externment for a period of six month of the petitioner. Hence the present writ petition has been filed.
We have considered the arguments of learned counsel for petitioner. The word "Goonda" has been defined in U.P. Control of Goondas Act 1970 as follows:-
Definitions:-
(a) ....................
(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;
Since Goonda means the person is habitual offender. On a single offence no person can be said to be Goonda. In such circumstances, the order of Additional District Magistrate dated 20.11.2018 directing for externment of the petitioner, is illegal and liable to be set aside. Accordingly, the writ petition is succeeds and is allowed.
The order of Additional District Magistrate dated 20.11.2018 passed in Case No. D2017112703790 (State of Uttar Pradesh Vs. Sunil) directing for externment for a period of six month to the petitioner under U.P. Control of Goondas Act 1970 is hereby set aside.
Order Date :- 22.1.2019/Sharad/-