IMPORTANT POINT
The main legal point established in the judgment is that a person cannot be labeled a 'goonda' based on one or two acts, and the notice issued under the U.P. Control of Goondas Act must contain the general nature of material allegations.

JUDGMENT :

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.G.A. for the State respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned Notice dated 31.01.2024 issued by Additional District Magistrate-Administration, District-Gorakhpur, in case no.-D 202305310002546, under Section 3/4 of U.P. Control of Goondas Act,( State Vs. Ravi), Police Station-Khajni, District-Gorakhpur.

3. The petitioner has been implicated in this case under section 3/4 of U.P. Control of Goondas Act because of his implication in case crime no. 340 of 2022, under sections-363, 366, 376, 120-B IPC and 3/4 POCSO Act, Police Station- Khajni, District- Gorakhpur.

4. Learned counsel for petitioner has submitted that the above case was registered against the petitioner when he had consenting relationship with the victim. She left her house on her own and married the petitioner at Mumbai. In her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., she claimed herself to be major and clearly stated that the petitioner never used any force against her. She has stated that she wanted to live with the petitioner. Petitioner was enlarged on bail by this Court on 20.06.2023 in the aforesaid case.

5. Apart from the above implication, there is no case registered against the petitioner.

6. Learned counsel for petitioner has further submitted that the notice dated 31.01.2024 issued by the respondent no. 2 is bad in law. It does not contains the general nature of material allegations.

7. Learned AGA has opposed the submissions and has stated that the petitioner has opportunity of making representation before the respondent no. 2 and therefore his writ petition does not deserves to be entertained by this Court. Petitioner has criminal history of one case and one beat report is also against him as mentioned in the notice.

8. There are no disputed facts warranting call of counter-affidavit from the respondents.

9. After hearing the rival contentions a look at the definition of ''Goonda'' is required to be made as defined under section 2(b) of U.P. Control of Goondas Act, 170 which is as follows:-

"2[(b) 'Goonda' means a person who-

(i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or

(ii) has been convicted for an offence punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or

(iii) has been convicted not less than thrice for an offence punishable under the U.P. Excise Act, 1910 or the Public Gambling Act, 1867 or Section 25, Section 27 or Section 29 of the Arms Act, 1959; or

(iv) is generally reputed to be a person who is desperate and dangerous to the community; or

(v) has been habitually passing indecent remarks or teasing women or girls; or

(vi) is a tout;

Explanation.- 'Tout' means a person who-

(a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means any public servant or member of Government, Parliament or of State Legislature, to do or forbear to do anything or to show favour or, disfavour to any person or to render or attempt to render any service or disservice to any person, with the Central or State Government, Parliament or State Legislature, any local authority, Corporation, Government Company or public servant; or

(b) procures, in consideration of any remuneration moving from any legal practitioner interested in any legal business, or proposes to any legal practitioner or to any person interested in legal business to procure, in consideration of any remuneration moving from either of them, the employment of legal practitioner in such business;