Allahabad High Court
Sameer Khan @ Amir Khan vs State Of U.P. Thru. Prin. Secy. ... on 8 July, 2021
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- MISC. SINGLE No. - 5365 of 2021
Petitioner :- Sameer Khan @ Amir Khan
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Others
Counsel for Petitioner :- Pradeep Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner, learned AGA for State and perused the record.
This writ petition was filed in the month of February, 2021, however it could not be heard, though, it was listed twice once on 25.02.2021 and thereafter on 01.07.2021. On a query being put, learned AGA stated that he has not received instructions in the matter till date.
This writ petition has been filed with a prayer to quash the order dated 27.01.2021 passed by Commissioner, Lucknow Division, Lucknow in Case No. 00075/2021, computerized Case No. C202110000000075 u/s 6 of U.P. Control of Goondas, Act 1970 as well as order dated 26.12.2020 passed by the Additional District Magistrate, Sitapur in Case No. 00616/2019, computerized Case No. D201910640000616 u/s 3(1) of U.P. Control of Goondas, Act 1970.
It has been contended by the learned counsel for the petitioner that an externment order was passed by the respondent no.3, District Magistrate, Sitapur, under Section 3(1) of the Goondas Act against which the petitioner preferred an appeal before the concerned Divisional Commissioner along with the stay application, which was rejected. The applicant cannot be termed as 'Goonda' within the meaning of Section 2(b) of the Act as he is not a habitual offender. In support of his contention, learned counsel for the petitioner has placed reliance on the judgment in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. reported in CRLJ 2000-0-1328.
Learned AGA for the State tried to justify the impugned orders passed by the respondents and the proportional of law laid down by this Court in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. (Supra).
Considered the submissions advanced by learned counsel for the parties.
It is an admitted fact that there is one solitary case against the petitioner on the basis of which an externment order has been passed by the respondent no.3 which has been confirmed by respondent no.2 hence the petitioner cannot be termed as 'Goonda' within the meaning of Section 2(b) of the Act. The case law which has been relied upon by the petitioner in the case of Imran Alias Abdul Quddus Khan Vs. State of U.P. (Supra) as well as in another case which has been decided on identical issue on 30.7.2015 by this Court in Criminal Writ Petition No.1622 of 2015 Rishev Raghav (minor) Vs. State of U.P. squarely covers the case of the petitioner. Hence, in view of the above, the impugned orders passed by the respondent nos. 2 and 3 are not sustainable in the eyes of law and liable to be set-aside.
The impugned order dated 27.01.2021 passed by Commissioner, Lucknow Division, Lucknow in Case No. 00075/2021, computerized Case No. C202110000000075 u/s 6 of U.P. Control of Goondas, Act 1970 as well as order dated 26.12.2020 passed by the Additional District Magistrate, Sitapur in Case No. 00616/2019, computerized Case No. D201910640000616 u/s 3(1) of U.P. Control of Goondas, Act 1970 are hereby set aside and quashed.
The petition stands allowed.
Order Date :- 8.7.2021
Arun/-
