Point of Law: Goonda means a person who is covered by (i) of Section 2(b) or Clause (ii) or Clause (iii) or Clause (iv) or Clause (v) of the said Section. All the clauses are disjunctive as is evident from the use of the word 'or'.

JUDGMENT :

1. Heard Sri Anurag Singh, learned counsel for petitioner and Shri S.P. Singh, learned A.G.A.

2. This writ petition has been filed under Article 226 of the Constitution of India seeking a writ in the nature of certiorari quashing a notice dated 18.03.2020 issued by the District Magistrate, Sitapur under Section 3(1) of the U.P. Control of Goondas Act, 1970. He has also sought a writ of mandamus directing the opposite party no. 3 and 4 not to harass the petitioner in pursuance to the aforesaid notice, which is impugned herein.

3. The contention of learned counsel for petitioner Sri Anurag Singh is that the notice has been issued on the basis of a single criminal case, whereas, Section 2(b)(i) defines 'Goonda' to mean a person who either by himself or as member or leader of a gang, habitually commits or attempts to commit, or abates the commission of an offence punishable under Section 153 or 153-B or Section 294 of the Indian Penal Code or Chapter XV, or Chapter XVI, or Chapter XXII of the said code. The lodging of a single criminal case against the petitioner does not make him, a person, who habitually commits any aforesaid offence. In this regard he relies upon a judgment of this Court dated 23.05.2018 rendered in Writ Petition No. 12459 (M/B) of 2018; Suresh Tewari Vs. State of U.P. and Ors. He also relies upon an interim order passed by this Court on 22.09.2020 in Writ Petition No. 14688 (M/B) of 2020 wherein this Court interfered at the interim stage on the ground that a single criminal case would not make the person a Goonda under Section 2(b)(i) as it would not be proof of the fact that he is habitual of committing an offence referred in the said provision. It is also the contention of learned counsel for petitioner that in the single F.I.R. lodged against the petitioner there were five accused but only the petitioner and one other person, namely, Sahabuddin have been proceeded under the Goondas Act. He informed that petition of Sri Sahabuddin is pending, but, there is no interim protection therein.

4. We have perused the judgment dated 23.05.2018 as also the interim order dated 22.09.2020. We have also perused the record and we find that petition is directed against a notice under Section 3(1) of the U.P. Control of Goondas Act, 1970. Section 3(1) of the said Act pertains to Externment, etc. of Goondas. It requires the District Magistrate, on the satisfaction of the eventualities mentioned in Clause (a), (b) and (c) of Sub-section 1 of Section 3, to inform the person concerned by notice in writing of the general nature of the material allegation against him in respect of Clause (a), (b) and (c) and give him reasonable opportunity of tendering an explanation regarding them.

5. Sub-section 2 of Section 3 goes on to state the rights of the person, against whom an order under the said section is proposed to be passed, to consult and be defended by a counsel and also to have a reasonable opportunity of examining himself or any other witness that he may wish to produce in support of his explanation, unless for reasons to be recorded in writing the District Magistrate is of opinion that the request is made for the purpose of vexation or delay. Thereafter, the District Magistrate, on being satisfied that the conditions specified in Clause (a), (b) and (c) of Sub-section 1 exists, may by order in writing take the actions contemplated in Clause (a) and (b) of Section 3(3) of the Act, 1970 for externment etc.

6. Now, in the present case as of now no order has been passed under Section 3 of the Act, 1970. All that has been by the District Magistrate is to issue a notice to petitioner under Section 3(1). In response to which, the petitioner shall have the rights as mentioned in the said sub-section as also sub-section 2 and only after such opportunity the final order, if at all, would be passed under Sub-section 3 of Section 3 of the Act, 1970.

7. Now, coming to the definition of 'Goonda' the Court finds that Goonda means a pers