PAPPU Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) HEARD Shri Rajiv Sharma, learned counsel for the petitioner and learned A.G.A. and perused the record.

(2.) THIS writ petition is directed against the order dated 25.6.2003 passed by the Commissioner, rejecting appeal of petitioner under the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as 'Act, 1970').

(3.) LEARNED counsel for the petitioner contended that a single criminal complaint or criminal case does not satisfy the definition of 'Goonda' under section 2(b) of Act 1970 and, therefore, proceedings initiated against the petitioner under Act, 1970 are patently illegal. Learned counsel for the petitioner has placed reliance upon a decision of this Court in Shankar Ji Shukla v. Ayukt, Allahabad Mandal, Allahabad and others, : 2005 (52) ACC 638.