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2000 Supreme(All) 1557

U.S.TRIPATHI, G.P.MATHUR
IRFAN KHAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.M.N.Abbas Abedi

G. P. MATHUR, J.

( 1 ) THIS petition under Article 226 of the Constitution has been filed challenging the order dated 18-11-2000 of Additional District Magistrate (Finance and Revenue), Bahpat. The impugned order is a very short one and it recites that the Station House Officers of different police stations had identified mischievous/criminal elements, who are likely to create disturbance during the forthcoming municipal elections. It further recites that he was satisfied from the report of the S. P. which in turn was based upon the report of the Station House Officers that the petitioner is likely to create disturbance in the forthcoming municipal election and it was not in public interest that he should remain within the limits of the district. Thus holding the petitioner to be a "goonda" he was externed from the limits of district Baghpat for a period of one month. Though the order does not mention anywhere that the proceedings were drawn under U. P. Control of Goondas Act, 1970 but on the top of the order it is mentioned as "case No. 255 under Sections 3 and 4 Goonda Act, State Versus Irfan".

( 2 ) WE have heard learned counsel for the petitioner, learned A. G. A. for the State






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