Discussed maintainability of writ petition against externment order under UP Control of Goondas Act, 1970. Dismissed on ground of alternative remedy without expressing opinion on merits.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5843 of 2021
Petitioner :- Waseem Khan @ Mohd.Waseem Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Ram Yadav,Ashok Yadav,Salil Krishna Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying to quash the impugned externment order dated 05.04.2021 passed by the District Magistrate, Ghazipur in Case No.00477 of 2020 (State Vs. Waseem Khan) Computerized Case No.-D202014290000477, under section 3(1), of U.P. Control of Goondas Act, 1970 Police Station - Dildar Nagar, District - Ghazipur.
Learned A.G.A. has raised preliminary objection as to the maintainability of the writ petition on the ground that the petitioner has a right of appeal under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970 and without exhausting the alternative remedy, the present writ petition has been filed.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed on the ground of alternative remedy leaving it open for the petitioner to file an appeal before the competent authority in accordance with law.
Order Date :- 2.8.2021 NLY
Waseem Khan @ Mohd.Waseem Khan
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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