A writ petition under Article 227 challenging an impugned order was dismissed as withdrawn with liberty to file a criminal revision under Section 397/401 Cr.P.C.
Petition dismissed as withdrawn; liberty to file criminal revision granted.
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Neutral Citation No. - 2023:AHC:227600
Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 1424 of 2023
Petitioner :- Sarveshwar Gupta Respondent :- State Of U P And Another Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- G.A.,Hari Narayan Singh
Hon'ble Ms. Nand Prabha Shukla,J.
Sri Sudeep Dwivedi, learned counsel for the petitioner, Sri Hari Narayan Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State are present.
At the very outset, learned counsel for the opposite party no.2 has raised an objection that present writ under Article 227 of the Constitution is not maintainable. The petitioner may prefer an appropriate remedy by filing the Criminal Revision against the impugned order under Section 397/401 Cr.P.C.. In the meantime, the delay which may occur in preferring the said revision, shall be ignored for the obvious reasons.
The writ petition is dismissed as withdrawn with liberty aforesaid. .
With the aforesaid observation, the petition is dismissed as withdrawn with liberty to file criminal revision in accordance with law.
Office is directed to return the certified copies of the documents annexed with this petition to learned counsel for the petitioner after retaining photo copies of the same.
Order Date :- 1.12.2023 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
2 provisions across 2 enactments
Sarveshwar Gupta
State Of U P
Another
Nand Prabha Shukla
As recorded by the court registry
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