Criminal Misc. Writ Petition seeking quashing of an order under U.P. Goondas Act. Court dismissed the petition as not maintainable due to the availability of an alternative remedy via appeal under Section 6 of the Act. Order date 2.11.2018.
Petition dismissed; certified copy of impugned order returned to petitioner.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31817 of 2018
Petitioner :- Mahendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard leaned counsel for the petitioner and learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the order dated 24.09.2018 passed by the respondent no.2/District Magistrate, Maharajganj in Case No.218 of 2017 Computer Case No.D201705470218 under Section3/4 of U.P. Goondas Act, Police Station-Paniyara, District-Maharajganj.
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.
Accordingly, the present petition is dismissed on the ground of alternative remedy.
The office is directed to return the certified copy of the impugned order to the counsel for the petitioner after retaining the photocopy of the same on record.
Order Date :- 2.11.2018 Pr/-
Mahendra
State Of U.P.
Bala Krishna Narayana
Krishna Pratap Singh
As recorded by the court registry
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