'Public Servants Should Remain Within Bounds Of Law': Allahabad HC Raps Gorakhpur ADM Over Unfair Notice Under 'UP Goondas Act'

The Allahabad High Court last week reprimanded Additional District Magistrate (Administration) Gorakhpur for issuing a notice to a man under the Uttar Pradesh Control of Goondas Act 1970 against a man based upon a solitary case registered against him. The Court also directed the state to pay Rs 20K to the man within 2 months.

A bench of Justice Siddharth and Justice Vinod Diwakar also directed the Principal Secretary, Department of Home, Government of UP to ensure that the public servants exercising powers of the State "remain within the bounds of law" and violation of law may entail disciplinary proceedings against them.

Essentially, Petitioner (Ravi) moved the Court challenging a notice issued to him by the ADM Gorakhpur under Section 3/4 of UP Control of Goondas Act because of his implication in a solitary case under sections- 363, 366, 376, 120-B IPC and 3/4 POCSO Act.

The petitioner's counsel contended that the case in question was registered against the petitioner when he had a consenting relationship with the victim and the alleged victim had left her house on her own and married the petitioner.

It was also argued that in her statements recorded under Sections 161 CrPC and 164 CrPC, she claimed herself to be major and clearly stated that the petitioner never used any force against her and that she wanted to live with the petitioner.

The AGA opposed the submissions and stated that the petitioner has an opportunity to make representation before respondent no. 2 and therefore his writ petition should not be entertained by the Court. It was also submitted that the petitioner has a criminal history of one case and one beat report is also against him as mentioned in the notice.

Taking note of the facts of the case and having heard the submissions of the counsels for the parties, the Court observed that the petitioner was not alleged to be a leader of or member of any gang or he habitually commits or attempts to commit or abets the commission of offences mentioned as mentioned in the definition clause under section 2(b) of UP Goondas Act.

The Court added that there is a solitary case registered against him and he was not found to be habitual of abduction of women or girls. The Court also noted that the case against the petitioner was not supported by the victim herself in her statement recorded under section 164 CrPC, and she had married the applicant as well.

"This Court in the case of Shankar Ji Shukla Vs. Ayukt Allahabad Mandal and others 2005 (52) ACC 638 and in the case of Lalani Pandey @ Vijay Shankar Vs. State of U.P. and others, 2011(1) ACrJ 207 has held that a person cannot be held to be 'goonda' only on the basis of one or two acts. He can be held to be 'goonda' only when he is in the habit of committing repeated offences," the bench further observed. 

In view of the above, the Court noted that the ADM Gorakhpur issued the impugned notice "without considering the provisions of law" only on the basis of the implication of the petitioner in a single case and on the basis of a beat report.

"This Court finds that the presumption in favour of respondent no.2 of performance of his official acts in accordance with law stands rebutted by the undisputed facts of this case and relevant provisions of law," the Court further remarked while emphasising that the impugned notice was issued in gross violation of law and acting against the presumption of fairness in due discharge of his official duties.

With this, the notice was quashed and the petitioner's plea was allowed.

In related news, last year, observing that the provisions of Uttar Pradesh Control of Goondas Act, 1970 are being rampantly missed, the Allahabad High Court had directed the State Government to form uniform guidelines by October 31 regarding the applicability of this Act

Case title - Ravi vs. State Of Up And 2 Others 2024 LiveLaw (AB) 154 [CRIMINAL MISC. WRIT PETITION No. - 3277 of 2024]

Case Citation: 2024 LiveLaw (AB) 154

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