Disposed

Abubakar v. State of U.P. and 2 Others

Allahabad HC23 Nov 2020CRLP/13118/2020

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition wherein the petitioner assailed an order of Additional District Magistrate. The Court permitted withdrawal of the petition with liberty to file an appeal before the Appellate Authority directing it to decide on merits ignoring limitation.

What did the court decide?

Petitioner permitted to withdraw petition with liberty to file appeal before Appellate Authority to be decided on merits ignoring limitation within one week.

Abubakar Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 7

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Case :- CRIMINAL MISC. WRIT PETITION No. - 13118 of 2020

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Petitioner :- Abubakar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shamim Ahmad Ansari Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri S A Ansari, learned counsel for the petitioner and Sri J K Upadhyay, learned AGA for the State.

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This writ petition has been filed by the petitioner, assailing the order impugned dated 5.7.2019 passed by the Additional District Magistrate.

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Learned counsel for the petitioner submits that the order impugned is patently illegal and stigmatic. He submits that as the order impugned is appealable, he may be permitted to withdraw this petition with liberty to file an appeal before the Appellate Authority and the Appellate Authority be directed to decide the said appeal on merits ignoring the point of limitation.

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Learned State Counsel submits that the order impugned has already been executed and as such, nothing further survives in the present petition. He submits that even if the petitioner is permitted to file appeal before the Appellate Authority, Appellate Authority can simply dismiss the same on the ground of limitation as also on its merit.

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Be that, as it may, in case the petitioner files an appeal before the Appellate Authority within a week from today, the Appellate Authority may decide the same in accordance with law considering all the aspects of the case, ignoring the point of limitation. It is made clear that this Court has not observed anything on merit and the Appellate Authority to act strictly in accordance with law.

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Petition is, accordingly, disposed of.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioners, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a

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declaration of such verification in writing.

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Order Date :- 23.11.2020 RKK/-

Abubakar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Abubakar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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