Allahabad High CourtCriminal LawConstitutional Law

Two Isolated Acts Without a Habitual or Persistent Course of Conduct Cannot Sustain a Person's Categorization as a 'Goonda'

Rahul @ Rahul Sarojv.State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others

Two Isolated Acts Without a Habitual or Persistent Course of Conduct Cannot Sustain a Person's Categorization as a 'Goonda'. Rahul @ Rahul Saroj vs State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others. Allahabad High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether the involvement in two isolated criminal cases with a significant time gap constitutes being a "habitual offender" under Section 2(b) of the U.P. Control of Goondas Act, 1970.

The court held

The court held that the ADM and the Appellate Authority erred in declaring the petitioner a 'Goonda' based on two isolated cases and unsubstantiated beat reports.

It also directed

The High Court allowed the writ petition and quashed the orders dated 25.02.2026 and 06.05.2026.

The court concluded that branding a citizen as a 'Goonda' without meeting the strict "habitual" criteria is an arbitrary exercise of power that irreparably damages an individual's reputation.

01Facts

The petitioner challenged an order dated 25.02.2026 passed by the Additional District Magistrate (ADM), Amethi, declaring him a ‘Goonda’ under Section 3/4 of the U.P. Control of Goondas Act, 1970.

p. 1, para 2

This declaration was based on the petitioner's involvement in two criminal cases: one from 2021 (IPC Sections 376/306) and one from 2025 (BNS Sections 115(2)/352/351/317(2)), alongside two beat reports and one prohibitory report from April 2025.

p. 1, para 2

The petitioner’s appeal under Section 6 was dismissed by the Commissioner, Ayodhya Division, on 06.05.2026.

p. 1, para 3

The petitioner then moved the High Court seeking to quash both orders.

p. 1

02Issues

i.1. Whether the involvement in two isolated criminal cases with a significant time gap constitutes being a "habitual offender" under Section 2(b) of the U.P. Control of Goondas Act, 1970.

pp. 8, para 13-14

ii.2. Whether beat information reports, lacking investigation or an opportunity for rebuttal, serve as valid grounds for declaring a person a 'Goonda'.

p. 8, para 15

03Law Applied

The court applied Section 2(b) of the U.P. Control of Goondas Act, 1970, which defines a 'Goonda' as a person who "habitually commits" specific offenses.

p. 2, para 5

Relying on Vijay Narain Singh v. State of Bihar (1984) and Imran Alias Abdul Quddus Khan v. State of U.P. (1999), the court defined "habitually" as repeatedly, persistently, and requiring a thread of continuity rather than isolated or dissimilar acts.

pp. 2-3, para 6 · p. 4, para 7

It further cited Pavan v. State of U.P. (2021) regarding the Right to Reputation as a facet of Article 21 of the Constitution.

p. 5, para 9

The court cited Bharat Singh v. State of U.P. (2023) which requires a reasonable nexus and temporal proximity between the acts and the proceedings.

p. 7, para 12

Provisions in the judgment · 12 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 153Section 294Section 376Section 306

Bharatiya Nyaya Sanhita, 2023 Section 115Section 352Section 351Section 317

Arms Act, 1959 Section 25Section 27Section 29

Code of Criminal Procedure, 1973 Section 110

04Reasoning

The court reasoned that the term 'Goonda' is reserved for habitual criminals whose conduct shows a degree of frequency and continuity.

p. 7, para 13

In the present case, the court found that the petitioner’s involvement in two cases—one in 2021 and another in 2025—did not establish a persistent "habit" or "propensity" to commit crime.

p. 8, para 14

The court noted a lack of nexus between these isolated acts and any immediate threat to public order.

p. 8, para 14

The court criticized the reliance on beat reports, stating that such reports, which lack investigation or the right of the accused to rebut, cannot form the basis of a stigmatic 'Goonda' declaration.

p. 8, para 15

The court emphasized that the Act is a preventive tool meant for hardened criminals who cannot be reached by ordinary penal laws, whereas the petitioner was already being prosecuted under ordinary law for the cited offenses.

pp. 8, para 13-14

05Holding

The court held that the ADM and the Appellate Authority erred in declaring the petitioner a 'Goonda' based on two isolated cases and unsubstantiated beat reports.

pp. 8, para 14-16

The High Court allowed the writ petition and quashed the orders dated 25.02.2026 and 06.05.2026.

p. 9, para 17

The court concluded that branding a citizen as a 'Goonda' without meeting the strict "habitual" criteria is an arbitrary exercise of power that irreparably damages an individual's reputation.

p. 8, para 16
Allahabad High Court

Original Court PDF

Rahul @ Rahul SarojvsState Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others

Allahabad High Court · July 08, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment