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Mikky Alias Vikky Bajpai v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10839 of 2005 [2005] RD-AH 4698 (24 October 2005)


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Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.

The contention of the learned counsel for the petitioner is that the    petitioner is not a goonda nor he is associated with any gang operating criminal activities and an on account of the pendency of certain cases relating to the year 2001.  the proceedings under Section 3 of U.P.Control of Goondas Act 1970 has been initiated against the petitioner. The petitioner filed objection against the notice but the  Magistrate concerned  failed to appreciate the correct version of the petitioner passed the order of externment of six months vide order dated 26.5.2005. The appeal  was preferred. The appellate court also repeated the same illegality by dismissing the appeal on 26.9.2005.

Considering the facts and circumstances of the case, but without expressing any opinion on merit thereof,  learned AGA prays for and is granted four weeks' time to file counter affidavit. .

List on 30th  November 2005.

Till then the operation of the orders dated 26.5.2005 and 26.9.2005 passed by the courts below shall remain suspended, provided the petitioner furnishes a personal bond of Rs.50,000/- before the Addl. District Magistrate, City, Kanpur Nagar.

The Station Officer of the police station concerned shall have careful watch upon the activities of the petitioner and report the matter to the authorities of the District, if required.

Dt/- 24.10.2005  

PKG/13 (10839/05)


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