Rakesh Tiwari, Rakesh Sharma - (1.) -Heard learned counsel for the parties.
(2.) THE petitioner has come up before this Court, against the notice dated 17.4.2008 which according to the counsel for the petitioner contains allegations of general nature. Learned A.G.A., denies these allegations and submits that it is not so, and notice has rightly been issued based on material allegations. The learned counsel for the petitioner submits that petitioner has come up against the notice in which three cases have been shown against him, i.e., N.C.R. No. 15/2007 dated 11.5.2007 under Sections 323 and 504, I.P.C. and N.C.R. No. 53 of 2007 under Sections 504, 506 and 427, I.P.C. dated 24.11.2007 was registered against him. Apart from above Case Crime No. 111 of 2008 under Section 4/25 Arms Act is also registered against him for keeping a knife which according to the petitioner's counsel made a basis for the purpose of proceedings under the U. P. Control of Goondas Act, 1970.
(3.) THE contention of the learned counsel for the petitioner is that the petitioner does not come under the definition of U. P. Control of Goondas Act, 1970, hereinafter referred to as the "Goonda Act" and Uttar Pradesh Control of Goondas Rules, 1970, hereinafter referred to as the 'Rules 1970'. Learned counsel for the petitioner has relied upon the Preamble of the Act which itself make special provisions for the Control of Goondas. Goondas has been defined in Section 2 (b) which is as under : 2 (b) "Goondas" means a person who- (i) either by himself or as a member or leader of a gang, habitually commits or abets, the commission of an offence punishable under Section 153B or Section 294 of the Indian Penal Code or Chapter XV, or 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 community ; or (v) has been habitually passing indecent remarks or teasing women or girls ; or (vi) is a tout. It is apparent from records that other two N.C.Rs. exists against the petitioner, Section 2 (b) of Control of Goondas Act read with Section 2 (iv) provide that even a person who abets in commission of Crime under Chapters XV, XVI and XII I.P.C., and whose general reputation is of a dangerous person to the community is covered by the definition under the Act. From reading of the notice it is apparent that the petitioner is repeatedly committing offence as given under Chapters XVI, XVII and XXII I.P.C. He is not a respected person and is dangerous to the community or society. Material allegations against the petitioner prima facie have been made in the impugned F.I.R.;