Honble SHARMA, J.–Instant writ petitions have been filed challenging the vires of Sections 3, 4, 5 6 and 9 of the Rajasthan Control of Goondas Act 1975 (for short the Act). Ancillary reliefs seeking quashing of the orders of the courts below have also been sought.

(2). The Additional District Magistrate Kota under Section 3 of the Act ordered for externment for a period of six months of the petitioners Devendra Jain from Kota to Sawai Madhopur and Satya Narain @ Sattu from Kota to Bundi.

(3). We have heard the rival submissions and scanned are relevant statutory provisions.

(4). The contentions urged on behalf of the petitioners are as under.

(i) In view of sub-section (4) of section 3 of Cr.P.C. the Legislature is not having any such power to enact the Act which grant power to the Executive Magistrate to award punishment for the reason that by the amendment of the Cr.P.C. 1973 the power of the Executive Magistrate and Judicial Magistrate were bifurcated and it was also stipulated in explicit terms that what would be the functions of the Executive Magistrate and Judicial Magistrate and it is also settled that the action initiated under Section 3, 4 & 5 of the Act falls within the defin

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