Hon'Ble Ravindra Maithani vs Unknown
2023 Latest Caselaw 1017 UK

CRLR No.233 of 2023
Hon'ble Ravindra Maithani, J.

Mr. Rohit Kumar Gaur, Advocate for the revisionist.

Ms. Manisha Rana Singh, A.G.A. for the State.

The challenge in this revision is made to judgment and order dated 02.09.2021, passed in Case No.74 of 2017, State Vs. Harish Singh Negi @ Banti, under Section 3 of the U.P. Control of Goondas Act, 1970 ("the Act") by the court of District Magistrate Nainital, District Nainital. By it, the revisionist has been declared as 'Goonda' and he has been externed for six months from the District. And, judgment and order dated 15.02.2023, passed in Goonda Appeal No.36 of 2020-21, Harish Singh Negi Vs. State of Uttarakhand, by the Commissioner, Kumaon Division, Nainital.

Heard.

In the instant case, it appears that after initial notice, the revisionist filed his objections under Section 3 of the Act, but subsequently, he did not appear and the case was decided. There are two aspects, which require deliberations. (i) whether the prosecution was not required to lead any evidence to support the averments, as given in the report; (ii) after initial intimation given by the police officer, certain more material was placed, but on those materials, the revisionist was never required to submit his objections. The subsequent material has also been taken note of. The question is how could some material, on the back of a person, can be entertained without bringing it to his notice, against whom such harsh order, like the instant one, has been passed.

Admit.

List this matter on 21.07.2023. Till then, the operation of the impugned judgments and orders shall remain in abeyance.

(Ravindra Maithani J.) 17.04.2023

RV