Allowed

Tarveen v. State of U.P. and 2 Others

Allahabad HC15 Sept 2021CRLP/1448/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging an order treating the petitioner as a Goonda under the U.P. Control of Goondas Act. The court held that the petitioner could not be classified as a Goonda based on a single case and quashed the orders for non-compliance with statutory requirements.

What did the court decide?

The impugned orders dated 20.11.2019 by the Additional District Magistrate and Commissioner were quashed, holding the petitioner is not a Goonda.

Tarveen Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 86

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1448 of 2020

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Petitioner :- Tarveen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Naushad,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the respondents and gone through the record.

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By means of present petition, the petitioner has challenged order dated 20.11.2019 passed by Commissioner, Meerut Division Meerut in Case No.01814 of 2019 (Tarveen Vs. State of U.P.) dismissing the appeal filed under Section 6 of U.P. Control of Goondas by the petitioner at the admission stage itself and confirmed the order dated 9.9.2019 passed by Additional District Magistrate (Administration), Ghaziabad in Case No. 01387 of 2019 by order dated 9.9.2019 the learned Additional District Magistrate (Administration), Ghaziabad treating the petitioner as Goonda, under Section 3(3) of the U.P. Control of Goondas Act (hereinafter referred to as the 'Act') has ordered externment of the petitioner for a period of six months. Being aggrieved the present petition has been filed with the prayer to quash the impugned order dated 9.9.2019.

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The main contention of learned counsel for the petitioner is that only on the basis of sole case i.e. Case Crime No.1262 of 2018, under Sections 3/5/8 Cow Slaughter Act, the petitioner has been treated to be Goonda without considering the provision of Section 2(b) of the U.P. Control of Goondas Act whereas in that case he has falsely been implicated due to village politics. It is lastly contended that the impunged order is passed without considering the objection filed by the petitioner, therefore, the impugned order dated 9.9.2019 is bad, illegal, arbitrary and is liable to be quashed. In support of his submission learned counsel for the petitioner has placed reliance upon the judgment passed by Hon'ble Supreme Court in Vijay Narain Singh Vs. State of Bihar, 1984 (SC) 105 , and judgment passed by this Court in Mahendra @ Pappu Vs. State of U.P. and 3 ORS, 2017 (All) 1344.

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The submission of learned counsel for the petitioner has got force. Whether the accused can be treated as 'goonda' or not, it will be necessary to consider the meaning of word goonda as provided in the Act. Section 2(b) of the Act defines the word 'goonda' as follows:

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(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

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(ii) has been convicted for an offence punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or

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(iii) has been convicted not less than thrice for an offence punishable

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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

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(iv) is generally reputed to be a person who is desperate and dangerous to the community; or

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(v) has been habitually passing indecent remarks or teasing women or girls; or

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(vi) is a tout;

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Explanation. - 'Tout' means a person who-

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(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

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(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

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(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.

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Explanation. - 'House-grabber' means a person who takes or attempts to take or aids or abets in taking unauthorised possession or having lawfully entered unlawfully remains in possession, of a building including land, garden, garages or out-houses appurtenant to a building.

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In the case of Shankar Ji Shukla Vs. Ayukt, Allahabad,Mandal Allahabad and Ors. (Supra) it has been held that a person cannot be held to be goonda only on the basis of one or two acts, a person can be held to be goonda only when he is in habit of committing repeated offences.

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In this case, only one criminal case has been shown against the accusedpetitioner, that too has been lodged due to village partibandi. Therefore, the petitioner on the basis of that case cannot be said to be habitually involved in commission of offences as defined Section 2(1)(b) of the Act. He, therefore, cannot be held to be goonda.

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From perusal of the impugned judgment passed by the learned Additional District Magistrate (Administration) it appears that the it has failed to consider the requirement of Section 2(1) (b) of the Act for declaring the Petitioner as goonda. Therefore, the impugned orders passed by the learned Additional District Magistrate (Administration), Ghaziabad and

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Commissioner, Meerut Division, Meerut are bad in the eye of law and liable to be quashed and the writ petition deserves to succeed.

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The writ petition is, therefore, allowed and the impugned order dated 20.11.2019 passed by Additional District Magistrate (Administration), Ghaziabad , treating the petitioner to be goonda as well as order dated 20.11.2019 passed by Commissioner, Meerut Division Meerut are hereby quashed . Since the period of externment has already been expired, therefore, no order requires in that respect.

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Order Date :- 15.9.2021 Fhd

Tarveen v. State of U.P. and 2 Others

Case brief

What is this about?

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Tarveen v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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