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RAJEEV MISRA
Rajendra Singh @ Rajan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Yogesh Kumar Singh, the learned counsel for petitioner and the learned A.G.A. for State-respondents-1 to 3.
2. Perused the record.
3. This writ petition has been filed by petitioner-Rajendra Singh @ Rajan, challenging the order dated 12.08.2024 passed by respondent-3, Commissioner of Police, Commissionerate Varanasi in Case No. 567 of 2023 (State Vs. Rajendra Singh @ Rajan), under section 3(1) of U.P. Control of Goondas Act, 1970, whereby petitioner has been exterminated from the territorial limits of District-Varanasi for a period of three months as well as the order dated 19.09.2024 passed by respondent-2, Commissioner, Varanasi Division, Varanasi in Appeal No. 2380 of 2024 (Rajendra Singh @ Rajan Vs. State of U.P.), under section 6(1) of U.P. Control of Goondas Act, 1970, whereby aforementioned appeal filed by petitioner against the order dated 12.08.2024 has been dismissed.
4. Learned counsel for the parties agreed that present writ petition be decided finally on the basis of material on record. Learned A.G.A. further submitted that he does not wish to file any counter affidavit to the writ petition.
5. In view of above, the present writ petit
The court emphasized that administrative orders must be supported by adequate reasoning, and failure to demonstrate habitual offending renders such orders unsustainable.
The classification of an individual as a 'goonda' requires substantial evidence of habitual criminal behavior, not merely vague allegations or police reports.
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.
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....
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....
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