RANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Pushpendra Singh Bhati learned counsel for the appellant and the learned Public Prosecutor. On the request of the learned counsel for the parties matter is taken up for final disposal.

(2.) THE appellant aggrieved of the order of the learned Single Judge dated 27. 2. 2001 has preferred this appeal on the ground that he has been granted relief only in part. According to him the entire proceedings against him under Section 3 of the Rajasthan Control of Goondas Act, 1975 (hereinafter referred to as Goondas Act) being without jurisdiction ought to have been quashed instead of simply quashing the direction against the appellant to report before the S. H. O. , Police Station, Baran. It is submitted by Mr. Bhati that taking advantage of that order the respondents have now asked him to report at Police Station, Desuri. According to the appellant the proceedings against him under the Goondas Act is without jurisdiction as he is not a Goonda within the meaning of Sec. 2 (b) of the Goondas Act, inasmuch as he has not been found on not less than three occasions to have committed the offences as referred in sub- clauses (i), (vi) or (viii) within a period of six months immediately preceding the commencement of an action u/sec. 3 of the Act. It is pointed out that the notice under the Goondas Act was given to the appellant on 8. 2. 96. THE last case, which was registered against him was F. I. R. Case No. 147 dated 16. 7. 95. Thus, by no stretch of imagination it can be said that the appellant committed any offence as mentioned under Sub-clause (b) of Sec. 2 within a period of six months immediately preceding to the commencement of the action u/sec. 3.

(3.) IN the instant case, in the notice dated 8. 2. 96, there is reference of three following cases:- (1) F. I. R. No. 124/21. 6. 95 (2) F. I. R. No. 125/22. 6. 95 (3) F. I. R. No. 147/16. 7. 95