SULEMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Writ Petition, a challenge is made to the order dtd. 31/3/2021 passed by the Court of Deputy Commissioner Of Police, Jodhpur West in Criminal Case No.37/2019, whereby the petitioner has been directed to extern from the area of Police Commissioner, Jodhpur and so also directed that for a period of one month he shall mark his weekly attendance in the office of Superintendent of Police, Barmer and that he won't enter in Police Commissionerate, Jodhpur without permission of the competent authority.

(2.) I have heard the counsel for the parties and gone through the order under assail dtd. 31/3/2021 and the other material annexed with the petition.

(3.) The sum and substance of the case is that a complaint came to be filed on behalf of the SHO, Police Station, Udaimandir, before the DCP Jodhpur on dtd. 5/11/2019 seeking initiation of proceeding against the petitioner under the provisions of Rajasthan Control of Goondas Act 1975 (herein after referred as 'Goondas Act'). The learned DCP made observance of a single fact that the petitioner was convicted on two occasions for committing offence under the penal provisions of Gambling Ordinance. As per the facts in the order under challenge, the petitioner was convicted on 31/1/2019 and sentenced with fine and at a subsequent occasion, he was sentenced to fine. Interestingly, no other conviction or list of pending cases is reported in the order under challenge.