AMAR SARAN,J. - (1.) HEARD learned counsel for the petitioner and the learned A.G.A. for the State.
(2.) THIS writ petition has been filed against an order passed by the Commissioner Lucknow Division, Lucknow dated 16.9.2009 dismissing the petitioner's appeal under section 6 of the U.P. Control of Goondas Act, 1970 (hereafter the Goondas Act) against the order of the A.D.M. Administration, Raebareilly dated 7.8.2009 under section 3 of the Goondas Act externing the petitioner out side the jurisdiction of Raebareilly for a period of six months. It was argued by the learned counsel for the petitioner that the petitioner could not be described as a 'Goonda' as defined under section 2 (b) of the U.P. Control of Goondas Act because there was no evidence that he habitually committed the offences of the Indian Penal Code mentioned under section 2 (b) (i), (ii) and (iii) of the Goondas Act. It may be noted that the other ingredients for describing a person as a Goonda have been mentioned in the different clauses under section 2(b). The material against the petitioner mentioned in the impugned orders was that a case at Crime No. 1449/08 under sections 363/366 IPC and 3 (1) 10 S.C.S.T. Act and a beat information nakal report No. 40 dated 11.10.2008 were present on the record. It is also mentioned in the impugned orders that the petitioner was generally reputed to a Goonda. Under section 2 (b) (iv), it may be noted that a 'Goonda' means a person who is generally reputed to be a person who is desperate and dangerous to the community. From these circumstances, it was observed in the impugned orders that by the actions of the petitioner fear and terror had been generated amidst the public and that the appellant was habituated to committing offences under chapters sections 16, 17 and 18, of the Indian Penal Code.
(3.) LEARNED counsel for the petitioner submitted that under section 3 (1) of the Act, it is provided that for externing a Goonda, it is not only necessary that the person is a Goonda as defined under section 3 (1) (a) but it is further necessary that his movements or acts are causing or are calculated to cause alarm or harm to persons or property and that there are reasonable grounds for believing that he is engaged or is about to engage in the commission or abetment of offences referred to in sub-clauses (i) to (iii) of clause (b) of section 2 of the Goondas Act, i.e. the offences mentioned in sub-clauses (i) to (iii) of clause (b) of Section 2, which are offences under section 153, section 153-b and section 294 or chapters XV, XVI, XVII or XXII IPC or offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956 or under the U.P. Excise Act, 1910 and Public Gambling Act, 1867 or section 25, 27 of the Arms Act, 1959.;