Bhuwan Chandra Pokharia vs State Of Uttarakhand And Others on 1 September, 2022

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Uttarakhand High Court

Bhuwan Chandra Pokharia vs State Of Uttarakhand And Others on 1 September, 2022

Bench: Sanjaya Kumar Mishra

                                            1




        IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

               Writ Petition (Criminal) No. 473 of 2021


Bhuwan Chandra Pokharia                                     ..................Petitioner

                                         -Versus-

State of Uttarakhand and Others                         ....................Respondents


Present: Mr. Amit Kapri, learned counsel for the petitioner.
         Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.



                 Date of Hearing and Order: 01.09.2022

Sri Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel for the parties, the Court has passed the following order:-

1. By filing this writ petition, the petitioner has prayed for the following reliefs:-

i. To issue an order, direction or writ in the nature of Certiorari quashing the challani report dated 16.12.2020 submitted by the respondent no. 5 against the petitioner in Case Crime No. 32 of 2021, U/s 3 of the Uttar Pradesh Goondas Act, 1970 (Annexure No. 1 to the writ petition).

ii. To issue any other appropriate order or direction as the Hon'ble Court thinks fit & proper.

2. It is apparent from the record that on 16.12.2020, the petitioner was served with the notice under the Uttar Pradesh Control of Goondas Act, 1970 to show cause, why appropriate action shall not be taken.

3. It is brought to our notice that three cases were pending against the petitioner including one case under Section 376 of I.P.C. but he has been acquitted on that offence.

4. However, the definition of Goonda appears at Clause b of Sub-Section 2 of the Uttar Pradesh Control of Goondas Act, 1970, which reads as follows:-

"2. Definitions.- In this Act, unless the context otherwise requires -

(a) "District Magistrate" includes an Additional District Magistrate specially empowered by the State Government in that behalf;

(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 3 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 4 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, or

(c) for the purposes mentioned in explanation

(a) or (b), frequents the precincts of civil, criminal or revenue courts, revenue or other offices, residential colonies or residences or vicinity of the aforesaid or railway or bus stations, landing stages, lodging places or other places of public resort; or

(vii) is a house-grabber.

Explanation.--'House-grabber' means a person who takes or attempts to take or aids or abets in taking unauthorised possession or having lawfully entered unlawfully remains in possession, of a building including land, garden, garages or out- houses appurtenant to a building.]"

Therefore, if a person is considered as danger to the society, then he can be declared as "goonda". In that view of the matter, this Court is not inclined to allow the writ application, even if in some of the cases, pending against the petitioner, have come to its logical conclusion and the petitioner has been acquitted of the charges. If Authorities come to a conclusion that a person comes within the definition of Clause b, Sub-

Section 2 of the Uttar Pradesh Control of Goondas Act, 1970, then he may be declared, as such.

5. In that view of the matter, the writ petition is disposed of and the petitioner is given the liberty to file his show cause before the authority within two weeks, which shall be considered by the Authorities as per law and a decision shall be taken thereon by speaking and reasoned order after affording reasonable opportunity of hearing to the petitioner within a period of 21 days from production of certified copy of this order along with the copy of the brief. Learned counsel for the petitioner undertakes to file the same within a period of two weeks.

(Sanjaya Kumar Mishra, J.) 01.09.2022 (Grant urgent certified copy of this order, as per Rules) A/-

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