VIJAI BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) WHILE coming to hear the Mining Mineral matters, three sets of writ petitions came up for discussion. Since some of the Counsel were appearing in many of the cases, inasmuch as quite a few factual questions were over- lapping, all the writ petitions of three respective sets were heard together. But, in order to facilitate disposal of the respective peti tions, all the three sets, shall be decided by a separate judgments one following the other.

(2.) IN the first set there are two writ petitions, Writ Petition No. 30690 of 1997 filed by Vijai Bahadur, and Writ Petition No. 32863 of 1997 filed by Ram Kishore. Shri Har Swarup Nigam assisted by Shri S. S. Nigam, has been heard at considerable length IN support of this writ petition. There was an INtervenINg application moved IN this case by Shri Murlidhar, filed by Sewak. Likewise, though Ram Kishore has filed an INdependent writ petition, he also has filed a counter-affidavit IN this petition too, which has been represented by Shri Ravi Kiran JaIN. Shri S. G. HusnaIN, Additional Chief StandINg Counsel and Shri Virendra Kumar, StandINg Counsel have appeared on behalf of the State IN all the cases. The facts IN both the cases are admitted, which are as follows.

(3.) A detailed report came from the Police Station Chilla indicating that the petitioner Vijai Bahadur was involved in many criminal cases. He was previous con vict inasmuch as a History Sheet No. 464 was already opened against him, and cur rently, he was involved in six cases, which included offence under Sections 394 and 302, I. P. C. as also Section 20 of the N. D. P. S. Act. It further supported the com plaint that Vijai Bahadur had already been externed by the order of the Magistrate from district Banda in accordance with the provisions of the U. P. Control of Goondas Act.