MUSHTAQUE SON OF SHRI SHAHABUDDIN TELI Vs. THE STATE OF RAJASTHAN THROUGH SECRETARY TO GOVERNMENT, HOME DEPARTMENT

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 19th January, 2018 passed by the Additional District Judge, Sawaimadhopur under the Rajasthan Control of Goondas Act, 1975 (for short "the Act of 1975").

(2.) Learned counsel submits that impugned order herein has been passed in a cyclostyle manner. It is ignoring that petitioner does not fall in the definition of "Goonda", as given under Section 2(b) of the Act of 1975.

(3.) It is stated though an order has been passed against the petitioner but in the operative portion, name of Purshottam Singh S/o Shri Gopal Singh has been given. It shows non-application of mind of the authority concerned, accordingly, impugned order deserves to be set aside. The Explanation appended to the definition of "Goonda", the word "habitual or "habituated" has been referred. As per Explanation, the word "habitual or "habituated" would mean commission of offence given under subclauses (i), (vi), (vii) or (viii) not less than three occasions in previous six years. The petitioner has not committed any offence within a period of six months on three different occasions. In view of the above also, impugned order deserves to be set aside.