2001 CRI. L. J. 945 ::2001 ALL. L. J. 147 ::2001 A I H C 891 ::2001 (1) AllCriR 39 ::2001 (1) All CJ 72 ::2001 (42) AllCriC 183

Allahabad High Court

Hon'ble Judge(s): G. P. Mathur, U. S. Tripathi , JJ

(A) Uttar Pradesh Control of Goondas Act (8 of 1971) , S.3(1), S.2(b)— Externment of goonda - Validity - Order passed without issuing notice under Section 3(1) to petitioner informing him of general nature of material allegations against him - No opportunity of hearing thus afforded - No finding further recorded that petitioner comes within expression "goonda" - Order of externment passed on mere report of S.H.O. that petitioner was likely to create disturbance in municipal election - Improper - Power under the Act can be exercised on basis of objective consideration of evidence and material and not on report made by S.H.O. which itself is based upon his subjective satisfaction. (Para 3) (B) Constitution of India , Art.226— Alternative remedy - Principle requiring exhaustion of statutory remedies before writ will be granted - Is a rule of convenience, discretion and policy and not a rule of law - Order of exterment of goond passed in complete violation of rules of natural justice and also in complete violation of procedure prescribed by law - Alternative remedy of appeal would be no bar to entertainment of writ petition. Uttar Pradesh Control of Goondas Act (8 of 1971) , S.3(3), S.6— (Para 4) .....