Back
SIDDHARTH, SURENDRA SINGH-I
Umar @ Mohd Umair – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The petitioner has approached this Court with a prayer to quash the impugned show-cause notice dated 6.3.2024 issued by respondent No. 2, Additional District Magistrate (Administration), District-Moradabad.
3. The petitioner has been implicated in the present proceedings on account of his implication in Case Crime No. 282 of 2023 under Section 376 I.P.C., P.S.-Mainather, District-Moradabad and three beat reports.
4. Learned counsel for the petitioner has submitted that in Case Crime No. 282 of 2023, he was granted bail by this Court vide order dated 8.11.2023 passed by this Court in Criminal Misc. Bail Application No. 47674 of 2023 which is reproduced herein-below:
The instant bail application has been filed on behalf of the applicant, Umair, with a prayer to release him on bail in Case Crime No. 282 of 2023, under Section 376 IPC, Police Station Mainather, District-Moradabad during pendency of trial.
Learned counsel for the informant pray
The court established that a single incident does not suffice to classify an individual as a 'Goonda' under the U.P. Control of Goondas Act, necessitating evidence of habitual offending.
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....
The court emphasized that administrative orders must be supported by adequate reasoning, and failure to demonstrate habitual offending renders such orders unsustainable.
A show cause notice failing to indicate the general nature of material allegations may be challenged and quashed under Article 226 of the Constitution of India with liberty to the respondents to issu....
The classification of an individual as a 'goonda' requires substantial evidence of habitual criminal behavior, not merely vague allegations or police reports.
The court held that the respondent failed to consider the most relevant consideration, namely, whether the petitioner had committed the alleged offenses within the six-month period specified in the e....
The invocation of preventive powers under the Goondas Act requires substantiated allegations of habitual criminality or threat to public order; procedural compliance is imperative for lawful initiati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
