Shaan Mohammad v. State of U.P. and 4 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18493 of 2023 Petitioner :- Shaan Mohammad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2Present petition has been filed for the following relief: "i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 04.10.2023 passed by District Magistrate, Amroha (Annexure No.10). ii. issue a writ, order or direction in the nature of mandamus direct the respondents authorities not to interfere in the peaceful possession of house/residential house of petitioner."

¶3Petitioner is aggrieved by the order dated 04.10.2023 whereby the District Magistrate-Amroha has rejected the petitioner's representation u/s 15(1) of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Gangsters Act'). Against the order impugned, the petitioner has a statutory alternative remedy to approach either before the court to which the matter has to be referred once an order of attachment has been affirmed or rejected and thereafter by an appeal u/s 18 of the Gangsters Act. These statutory alternative remedies have not been availed.

¶4The petition is therefore dismissed on the ground of availability of statutory alternative remedy which the petitioner may, in case so advised, avail for the redressal of his grievance. Order Date :- 29.11.2023/S.Chaurasia High Court of Judicature at Allahabad