Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2706 of 2019 Petitioner :- Teekam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Deepak Kumar Pal for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the order of Additional District Magistrate(Finance and Revenue) Bijnore, dated 28.12.2018 passed in exercise of power under Section 3(3) of U.P. Control of Goondas Act, 1970(hereinafter referred to as "the Act") directing externment of the petitioner for a period of six months from the district.
A perusal of the impugned order shows that the notice under Section 3(1) of the Act was issued to the petitioner on 20.9.2018 on the basis of case Crime No.154 of 2018,under Sections 452, 307, 323, IPC.
The counsel for the petitioner submits that on the basis of a single case the petitioner cannot be treated as "goonda" in view of the definition of 'goonda' as given in the Act, which is as follows:
"Section 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;
Explanation. - 'Tout' means a person who-
(a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means any public servant or member of Government, Parliament or of State Legislature, to do or forbear to do anything or to show favour or, disfavour to any person or to render or attempt to render any service or disservice to any person, with the Central or State Government, Parliament or State Legislature, any local authority, Corporation, Government Company or public servant; or
(b) procures, in consideration of any remuneration moving from any legal practitioner interested in any legal business, or proposes to any legal practitioner or to any person interested in legal business to procure, in consideration of any remuneration moving from either of them, the employment of legal practitioner in such business; or
(c) for the purposes mentioned in explanation (a) or (b), frequents the precincts of civil, criminal or revenue Courts, revenue or other offices, residential colonies or residences or vicinity of the aforesaid or railway or bus stations, landing stages, lodging places or other places of public resort; or
(vii) is a house-grabber."
In view of the submission made by the counsel for the petitioner and the definition of 'goonda' as given for the purpose of the Act, the order dated 28.12.2018 is illegal.
The writ petition is allowed. The order dated 28.12.2018 passed by the Additional district Magistrate (Finance and Revenue), Bijnore is quashed.
Order Date :- 31.1.2019 mt