Dismissed

Ram Vijay Singh v. State of U.P. and 3 Others

Allahabad HC1 Sept 2021CRLP/22869/2018

Case brief

AI extract

What is this about?

This judgment dismissed a criminal miscellaneous writ petition challenging an externment order passed under the U.P. Control of Goondas Act. The High Court held that no illegality or perversity warranted interference as the petitioner was afforded an opportunity to object, though he failed to appear.

What did the court decide?

Writ petition dismissed with no merit found in the petitioner's submissions regarding the outsider opportunity to defend and the basis of goonda classification.

Ram Vijay Singh Vs State of U.P. and 3 Others — Public Procurement and Tenders | Allahabad HC (2021)

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Court No. - 86

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Case :- CRIMINAL MISC. WRIT PETITION No. - 22869 of 2018

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Petitioner :- Ram Vijay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Mishra 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 16.7.2018 passed by Commissioner, Gorakhpur, Division Gorakhpur, in Case No. 00391 of 2018 (Ran Vijay Singh Vs. State of U.P.) dismissing the appeal filed under Section 6 of U.P. Control of Goondas by the petitioner-appellant and confirmed the order dated 31.1.2018 passed by District Magistrate Gorakhpur in Case No. D 2017053101777. By order dated 31.1.2018 the learned District Magistrate, Gorakhpur, 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.

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Submission of learned counsel for the petitioner is that the impugned externment dated 31.1.2018 by the District Magistrate without affording reasonable opportunity to the petitioner to defend himself by examining the witnesses in support of his explanation/objection. Further submission is that a person can not be held to be goonda only on the basis of one or two criminal cases.

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Per-contra learned A.G.A. supporting the impugned orders has submitted that the learned District Magistrate has passed the externment order dated 31.1.2018 by a detailed, reasoned and speaking order. Learned A.G.A. drew the attention of the Court towards para 3 of the externment order wherein there is mention that the learned counsel appearing for the petitioner has filed objection/explanation before the District Magistrate and thereafter he did not turn up. It has further been submitted that the objection/explanation has already been considered in detail

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by the Appellate Court in its order dated 16.7.2018 and has dismissed the appeal.

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I have considered the rival submissions and have carefully gone through the impugned orders. The externment order passed by District Magistrate specifically states that the petitioner is habitual criminal and his activities come within the purview of chapter 16, 17 and 22 I.P.C. who is dangerous person for the society and nobody dares to lodge complaint against him due to his terror.

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In view of above, there is no substance in the submissions of learned counsel for the petitioner. The impugned orders suffer from no illegality or perversity warranting interference by this Court.

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Accordingly, the petition lacks merit and is hereby dismissed. Order Date :- 1.9.2021 S.Verma

Ram Vijay Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Vijay Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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