MANOJ KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Con stitution of India for issuing a writ in the nature of certiorari quashing the notice dated 22-4-99 under Section 3 of the U. P. Control of Goondas Act, 1970 (hereinafter referred to as the Act), issued by opposite party No. 3, the District Magistrate Barabanki to the petitioner in case No. 109/99 pending before the Dis trict Magistrate.

(2.) A counter-affidavit was filed on behalf of the State. Learned counsel for the petitioner and learned Government Advocate were heard in detail and the record was perused.

(3.) THE word "goonda" has been defined under clause (b) of Section 2 of the Act, which reads as under: (b) "goonda" means person who- (i) either by himself or as a member or, leader of a gang, habitually commits or attempts to commit, or abets the commission of an of fence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or (ii) has been convicted for an offence punishable unaer the Suppression of Immoral Traffic in Women and Girls Act, 1956; or (iii) has been convicted nor less, then thrice for an offence punishable under the U. P. Excise Act, 1910 or the Public Gambling Act, 1867 or Section 25, Section 27 or Section 29 of the Arms Act, 1959; or (iv) is generally reputed to be a person who is desperate and dangerous to the com munity; or (v) has been habitually passing indecent remarks or teasing women or girls; or (vi) is a tout. "