Amit Kumar @ Babbu v. State of U.P. and Another

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14808 of 2023 Petitioner :- Amit Kumar @ Babbu Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohammad Yunus Khan Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Mohammad Yunus Khan, learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the impugned show cause notice dated 31.08.2018 bearing No.552 (2), under Section 3/4 U.P. Control of Goondas Act, 1970, Police Station Kotwali, District Basti, passed by the Additional District Magistrate, District Basti.

¶3Stamp Reporter has reported 1049 days delay in filing the present writ petition.

¶4Learned AGA pointed that pursuant to impugned show cause notice dated 31.08.2018 the petitioner has already availed alternative remedy by submitting his reply on 09.05.2022, as such no interference is warranted in highly belated writ petition.

¶5From perusal of records we find that no explanation whatsoever has been submitted by the petitioner for such huge delay in filing the present writ petition and that too after submitting his reply dated 09.05.2022 to the impugned show cause notice dated

31.08.2023, accordingly we are not inclined to entertain this highly belated writ petition.

¶6The writ petition is accordingly dismissed on the ground of laches as well as on the ground of alternative remedy that has already been availed by the petitioner by submitting reply to the impugned show cause notice. Order Date :- 26.10.2023 Nitendra High Court of Judicature at Allahabad