Allowed

Guddu Alias Abdul Wafa v. State of U.P. and Another

Allahabad HC8 Apr 2019A482/11314/2019

Case brief

AI extract

What is this about?

The Court quashed the impugned order rejecting a stay application in U.P. Control of Goondas Act proceedings. The appointment officer's refusal was set aside because the applicant's appeal against the case initiation was still sub-judice before the appellate court.

What did the court decide?

Order dated 7.2.2019 quashed; no coercive action against applicant allowed pending appeal; Commissioner directed to decide appeal expeditiously.

Guddu Alias Abdul Wafa Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 11314 of 2019

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Applicant :- Guddu Alias Abdul Wafa Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Singh,Tripathi B.G. Bhai

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Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials available on record.

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This application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to set aside the impugned order dated 7.2.2019 passed by the Commissioner, Basti, Division Basti in Computerized Case No. C201817000001192 (1192 of 2018) (Guddu @ Abdul Wafa vs. District Magistrate, Sant Kabir Nagar, under Section 3/4 U.P. Control of Goondas Act, police station Mehdawal, district Sant Kabir Nagar, whereby stay application dated 29.12.2018 of the applicant has been rejected during the pendency of his appeal before the Commissioner Basti, Division Basti.

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The main crux of the argument of learned counsel for the applicant is that the proceeding under U.P. Control of Goondas Act has been initiated against the applicant only on the solitary case being Crime No. 14 of 2018, under Sections 354-A and 506 IPC, which is not sustainable in view of the law laid down by this Court in case of Imran alias Abdul Qudus Khan vs. State of U.P. and others reported in 2000 (Suppl.) ACC 171. It is further submitted that merely by lodging one FIR with regard to one incident, the applicant cannot be said be a habitual offender, therefore, case of the applicant will not come under the definition of 'Goonda' as defined under Section 2(b)(1) of the U.P. Control of Goondas Act .

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Per contra, learned Additional Government Advocate vehemently opposed the aforesaid submissions by contenting that there is no statutory bar for initiating the proceedings under U.P. Control of Goondas Act against the persons against whom only one case is pending, therefore, there is no illegality in the order dated 7.2.2019.

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After hearing the argument of learned counsel for the parties at length, I find that since the matter of the applicant is still sub-

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judice before the appellate court for its consideration on merits, therefore, rejecting the stay application dated 29.12.2018 of the applicant under the facts and circumstances of the present case, is not justified.

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In view of above, order dated 7.2.2019 is hereby quashed with the direction that no coercive action shall be taken against the applicant in the above mentioned case during the pendency of his appeal before the Commissioner, Basti Division Basti. However, the Commissioner, Basti Division Basti is directed to decide the aforesaid appeal of the applicant expeditiously on its own merits without being influenced by any observation made by this Court in this application.

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Accordingly, the application under Section 482 Cr.P.C. is allowed.

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Order Date :- 8.4.2019 Sumaira

Guddu Alias Abdul Wafa v. State of U.P. and Another

Case brief

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Guddu Alias Abdul Wafa v. State of U.P. and Another

Case brief

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