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2010 Supreme(All) 4320

RAJ MANI CHAUHAN
LALANI PANDEY @ VIJAY SHANKER PANDEY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Akhtar Abbas for the Petitioner; G.A. for the Opposite Parties.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, Lalani Pandey @ Vijay Shanker Pandey, challenged an externment order issued under the U.P. Control of Goondas Act, 1970, which was passed by the District Magistrate, Raebareli, and subsequently upheld by the appellate authority (!) .

  2. The order was based on allegations that the petitioner was involved in criminal cases and had a reputation for terrorizing the community, with two specific cases cited in the notice. However, the petitioner argued that only two cases were considered, and these alone do not establish habitual involvement in offenses, which is a requirement for classification as a ‘goonda’ (!) (!) .

  3. The petitioner contended that he was not given a proper opportunity to present his case, citing multiple adjournments and delays in filing a written reply, which he claimed violated principles of natural justice (!) (!) .

  4. The definition of ‘goonda’ under the Act includes individuals who habitually commit or attempt to commit certain offenses or who are generally reputed to be dangerous to the community. The term ‘habitually’ is interpreted as involving repeated or persistent acts of similar nature, not isolated incidents (!) (!) (!) .

  5. The courts emphasized that a single or two criminal cases, especially when registered upon magistrate’s orders following applications by complainants, do not suffice to establish habitual criminal involvement. The order must be based on evidence showing a pattern of repeated offenses (!) (!) (!) (!) (!) .

  6. The court noted that the criminal history of the petitioner included nine cases, but only two were referenced in the order, and the others could not be considered as grounds for declaring him a ‘goonda’ since they were not part of the record relied upon in the order (!) (!) .

  7. The judgment concluded that the authorities failed to properly consider whether the petitioner was habitually involved in the commission of offenses as required by the law. Consequently, the orders of externment and the appellate decision were found to be illegal and were quashed (!) .

  8. The order of externment was set aside, and the petition was allowed on the grounds that the legal requirements for declaring someone a ‘goonda’ were not satisfied, and the principles of natural justice had not been fully observed (!) .

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JUDGMENT

Hon’ble Raj Mani Chauhan, J.—This writ petition under Article 226 of the Constitution of India has been filed by Lalani Pandey @ Vijay Shanker Pandey, S/o Late Ram Kumar Pandey, R/o Korwa, P.S. Saraini, District Raebereli for issuing a writ of certiorary to quash the impugned externment order dated 15.7.2010 passed by the District Magistrate, Raebareli (opposite party No. 3 which is contained in Annexure 2) as well as the impugned judgment and order dated 8.9.2010 passed by the Commissioner, Lucknow Division, Lucknow (opposite party No. 2 which is contained in Annexure 1) dismissing the appeal filed by the petitioner against the aforesaid externment order.

2. The relevant facts giving rise to the present writ petition may be briefly stated as under:

The Additional District Magistrate (Administration), Raebareli on 16.11.2009 issued a notice to the petitioner under Section 3 of the U.P. Control of Goondas Act, 1970 (hereinafter referred to as the ‘Act’) with the allegation that on the basis of information received by him, it appeared that Lalani Pandey @ Vijay Shanker Pandey (petitioner), S/o Late Ram Kumar Pandey, R/o Korwa, P.S. Saraini, District Raebereli either commits o































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