Allahabad High Court
Adil vs State Of U.P. And 2 Others on 16 June, 2021
Bench: Munishwar Nath Bhandari, Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 2504 of 2021
Petitioner :- Adil
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Satish Chandra Tiwari
Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Ajai Tyagi,J.
By this writ petition, a challenge has been made to the orders dated 29.09.2020 passed by Additional District Magistrate (Administration), Budaun and 21.01.2021 passed by the Appellate Authority under Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as ?Act, 1970?).
Learned counsel for the petitioner submits that only one case is registered against the petitioner, thus, he was not falling in the definition of ?Goonda? as provided in Section 2(b) of the Act, 1970. Reference of the judgment of this Court has been given where the same argument has been dealt and held that based on single case, the District Magistrate was not having authority to invoke powers under Section 3 of the Act, 1970. In view of the above, the orders passed by the District Magistrate so as the Appellate Authority deserve to be set aside. Learned counsel has even made a reference of Section 3 of the Act, 1970 for the aforesaid.
We have heard learned counsel for the parties and considered the submissions.
We find that by the order dated 29.09.2020, the District Magistrate passed adverse order to remain operative for a period of six months. The petitioner preferred an appeal thereupon to the Commissioner and the appeal was accepted. The matter was remanded back to the District Magistrate to pass order afresh. Thus, so far as the challenge to the order dated 29.09.2020 is concerned, that does not survive after the order of the Commissioner dated 21.01.2021 because while accepting the appeal, the order dated 29.09.2020 was set aside. The petitioner has yet challenged that said order though does not survive after the order of learned Commissioner/Appellate Authority under the Act, 1970.
Since the matter would be considered afresh, the issue raised by the petitioner can be taken before the District Magistrate and otherwise, we do not find any illegality in the order of the Commissioner in remanding the matter. The reasoned order has been passed with appropriate direction to the District Magistrate to first satisfy as to whether the case is made out to pass an order under the Act, 1970.
In view of the above, it would not be appropriate to comment even on the argument raised by learned counsel for the petitioner because definition of ?Goonda? under Section 2 of the Act, 1970 cannot be confined to Section 2(b)(i) of the Act, 1970. A person may fall in the definition of ?Goonda? even if he has not a habitual in commission of offence. He may be having repute of a person desperate and dangerous to the community. It can be even on conviction for an offence punishable under Suppression of Immoral Traffic in Women and Girls Act or Uttar Pradesh Excise Act, Uttar Pradesh Gambling Act, etc. The consideration of the case should not be restricted to one part of the provision but has to be in reference to other part also, if the order of District Magistrate discloses a fact for allegation which may fall under Section 2(b)(iv) of the Act, 1970 or any other part of the aforesaid provision. The Court needs to consider the entire matter and should not revolve only on one part of the provision referred above. It has been noted by us that very same argument raised before us has attracted the Appellate Authority and, therefore, the matter has been remanded back. Till date, no adverse order exists against the petitioner because the District Magistrate has not passed any fresh adverse order against him till date. Thus, we do not find any reason to cause interference in the order passed by the Appellate Authority allowing the appeal preferred by the petitioner with remand of the case.
The writ petition is, accordingly, dismissed.
Order Date :- 16.6.2021
Shubham
