RAJDEV SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitiioner and learned A.G.A. for the State.

(2.) BY means of this writ petition, the petitioner sought for quashing of the impugned order dated 29.09.2014 passed by District Magistrate, Sultanpur in Case No.61, under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as 'Goonda Act'), Police Station Baldirai, District Sultanpur, whereby the petitioner has been externed for a period of six months from the local limits of District Sultanpur and in order to ensure the compliance of the order, he has been directed to furnish a personal bond of Rs.50,000/ -, and the impugned order dated 06.12.2014 passed by learned Commissioner, Faizabad Division, Faizabad in Criminal Appeal No.77/Sultanpurn (Rajdeo Vs. State of U.P.), under Section 6 of Goonda Act, whereby the appeal filed by the petitioner against the order dated 29.09.2014 has been rejected.

(3.) LEARNED counsel for the petitioner challenged the impugned orders on the ground that in this case, notice, under Section 3 of Goonda Act was issued on 19.02.2011 with the allegations that the petitioner has a criminal activity, which are prejudicial to the interest of the public being a Goonda. In the notice dated 19.02.2011, two cases having Case Crime No.666 of 2010, under Sections 452, 323, 504, 506 IPC and Section 3(1)10 of SC/ST Act, Police Station Baldirai, District Sultanpur and Case Crime No.319 of 2007, under Sections 308, 504, 506 IPC, Police Station Baldirai, District Sultanpur were shown against him. Learned counsel further submits that both the cases are pending. Leaned counsel further submits that the order of externment dated 29.09.2014 has been passed after lapse of three and a half years from the date of issuance of notice dated 19.02.2011 and during that period, no other criminal offence has been reported against the petitioner. In support of his contention, learned counsel relied upon the judgment of this Court in the case of Azad Singh Vs. State of U.P. and others, 2013 31 LCD 238.