NAFEES Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta and S. K. Agarwal, J. We have heard learned Counsel for the petitioners and learned A. G. A.

(2.) SINCE the validity of the show cause notice has been challenged on a point of law, we find that even without having any counter-affidavit this writ petition can be disposed of. Learned AGA has also no objection to this proposition.

(3.) IT is not disputed by the learned AGA also that notice under Section 3 can be issued against a person who is a 'goonda' within the meaning of the aforesaid definition and from a perusal of the definition it emerges that before a person can be called a 'goonda' it must be alleged and shown that he either by himself or as a member or the leader of the gang habitually commits or attempts to commit, to abets commission of an of fence punishable under Section 153 or 153-B or Section 294 of the I. P. C. or Chapter-X V, Chapter-XVI, Chapter-XVII or' Chapter-XXII, of the said Code. He could also be placated as a Goonda if condition of sub clause (2), (3), (4), (5) and (6) arc also satisfied inasmuch as where it is found that he has been convicted for an offence punish able under the Suppression of the Immoral Traffic in Woman and Girls Act or was con victed not less than thrice for an offence punishable under U. P. Excise Act or the Public Gambling Act or Section 25, Section 27 or Section 29 of the Arms Act or is generally reputed to be a person, who is desperate and dangerous to the community, or he has been habitually passing indecent remarks or teasing women and girls or is a tout with in the meaning of the Explanation.