Sudhir Agarwal, J. - (1.) HEARD Shri Rajiv Sharma, learned counsel for the petitioner and learned A.G.A. and perused the record.
(2.) THIS writ petition is directed against the order dated 25.6.2003 passed by the Commissioner, rejecting appeal of petitioner under the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as 'Act, 1970').
(3.) LEARNED counsel for the petitioner contended that a single criminal complaint or criminal case does not satisfy the definition of 'Goonda' under section 2(b) of Act 1970 and, therefore, proceedings initiated against the petitioner under Act, 1970 are patently illegal. Learned counsel for the petitioner has placed reliance upon a decision of this Court in Shankar Ji Shukla v. Ayukt, Allahabad Mandal, Allahabad and others, : 2005 (52) ACC 638. The Additional District Magistrate, (Finance and Revenue), Kanpur Nagar passed an order dated 21.4.2003 under section 3 of Act 1970 observing that petitioner is a hard core criminal and he earns his livelihood on the basis of illegal activities as also goondaism. He is habitually committing offences under Chapter XVI, XVII, and XXII of Indian Penal Code and on account of his criminal and goonda activities, people residing in locality are terrorized and no one is ready to lodge a report at the police station against his criminal activities or give evidence against him. In Criminal Case No. 122 of 1988 under Sections 302/201 IPC, charge sheet has been filed in the Court. Two more criminal cases with respect to Case Crime No. 19 of 2002 under Sections 147, 148, 323, 504, 506 and 307 IPC and Case Crime No. 22 of 2002 under Sections 147, 148, 452, 504, 506 IPC have been registered against him in police station Narval.;