MAHIPAL Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a peti tion under Article 226 of the Constitution of India directed against the order dated 3-5-97 passed by the Additional District Magistrate, Ghaziabad (Annexure 1 to the petition), whereby he was declared the petitioner to be a "goonda" and has or dered that he should be externed for a period of 6 months from the district of Ghaziabad and the appellate order dated 17-11-97 passed by the Commissioner, Meerut Division, Meerut, whereby he has dismissed the appeal on the ground that it was time barred and the explanation given for explaining the delay, did not appear to be correct.

(2.) THE facts are very brief. THE Senior Police Superintendent, Ghaziabad reported on 15-9-96 to the District Magistrate that the O. P. (petitioner Mahipal) is "goonda" as defined under Section 2 of the U. P. Control of Goonda Act, (hereinafter referred to as the Act ). THEre are three cases pending against him one under Section 25, Arms Act and the second under Section 307, IPC and third one under Sections 323/504, IPC.

(3.) FEELING aggrieved, this petition has been preferred and reliefs have been sought that the aforesaid orders passed by the District Magistrate and the Commis sioner be set aside and the petitioner be set at liberty by the C. J. M. concerned.