Saurav v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15761 of 2023 Petitioner :- Saurav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Pandey,Smt. Kirti Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Rajendra Kumar Pandey, learned counsel for the petitioner and G.P. Singh, learned AGA for the State-respondents.

¶2The present writ petition has been preferred with the prayer to quash the order dated 12.5.2023 passed by respondent No.2 in Case No.121 of 2023 (State vs. Saurav) under Section 2/3 of UP Control of Goondas Act, 1970.

¶3A preliminary objection has been raised that the petitioner has effective alternative statutory remedy by way of filing an appeal under Section 6 of the UP Control of Goondas Act, 1970.

¶4Learned counsel for the petitioner does not dispute the same.

¶5Learned counsel for the petitioner submits that there may be objection regarding limitation and in that respect, some indulgence may be granted.

¶6Accordingly, it is provided that in case, appeal is filed within 15 days from today, the same shall be considered by the appellate authority without raising any objection regarding the same on its own merit.

¶7With the aforesaid observations, writ petition is dismissed on the ground of alternative remedy. Order Date :- 27.10.2023 LN Tripathi High Court of Judicature at Allahabad