This court dismissed a criminal miscellaneous writ petition challenging an order under Section 3(1) of the U.P. Control of Gundas Act, 1970, as the limitation period for filing an appeal had expired without explanation.
Petitioner is given liberty to file a fresh petition explaining the delay in preferring the appeal.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10376 of 2019
Petitioner :- Rambabu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
The petition challenges an order dated 12th February, 2019, passed by Additional District Magistrate (F&R), Agra, under Section of 3(1) of U.P. Control of Gundas Act, 1970.
The above order is appealable under Section 6 of U.P. Control of Gundas Act, 1970.
It appears that as the period of limitation has expired, the petitioner has challenged the order before this court.
There is no explanation as to why the petitioner could not prefer appeal within the period of limitation.
In view of the above, the petition is dismissed with liberty to the petitioner to file a fresh petition explaining as to why petitioner could not avail remedy of an appeal and whether the appellate remedy is lost on account of delay.
Order Date :- 19.4.2019. Rks.
1 issue framed by the court
Whether a criminal miscellaneous writ petition challenging an order is maintainable after the expiration of the limitation period for filing an appeal.
2 provisions across 1 enactments
Rambabu
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
