Court dismissed Criminal Misc. Writ Petition as not maintainable due to the availability of an alternative remedy via appeal under Section 6 of U.P. Control of Goondas Act.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20903 of 2018
Petitioner :- Pradeep Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.S.Chahar, leaned counsel for the petitioner and Sri A.K. Sand, learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the order dated 23.5.2018 passed by Additional District Magistrate (Finance & Revenue), Agra, respondent no.2 in Case Crime No.317 of 2017 (Pradeep Vs. State), Case Crime No.92 of 2017, under Sections 3 U.P. Control of Goondas Act, Police Station Mantola, District Agra.
Learned A.G.A. has pointed out that the present petition is not maintainable on the ground of alternative remedy as against the impugned order which has been challenged in the present petition, the appeal lies under Section 6 of the U.P. Control of Goondas Act before the Divisional Commissioner.
Learned counsel for the petitioner could not dispute the fact as argued by the learned AGA.
Accordingly, the present petition is dismissed on the ground of alternative remedy.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 2.8.2018
NS
Pradeep
State Of U.P.
Respondent No. 2
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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