Petition for quashing orders under U.P. Gangster Act dismissed for existence of alternative remedy; matter adjudicated by competent court per Section 16.
Petition dismissed for alternative remedy; matter referred to competent court.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2086 of 2023
Petitioner :- Zeenat Fatima Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Sri D.M. Tripathi, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. appearing for the State.
Present petition has been filed for quashing the orders dated 2.1.2023 and 30.9.2022 passed by Police Commissioner, Commissionerate, Varanasi in Case No. 231 of 2022 (State vs. Rashid Naseem), under Section 14(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 arising out of Case Crime No. 548 of 2021, Police Station Cantt., Commissionerate Varanasi. Further prayer has been made seeking direction to the respondent no. 2 to release the property i.e. Flat/Paint House No. E/08/02 (Block-E 8th Floor Celebrity Garden Sushant Golf City, Lucknow in favour of the petitioner.
Admittedly, an order dated 30.9.2022 was passed against the petitioner under Section 14(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Thereafter, the petitioner filed objection, which was rejected by the impugned order dated 2.1.2023 and the matter has been referred to the competent court under Section 16 of the Act.
We, therefore, find that the matter is to be adjudicated by the competent court under the aforesaid Act and therefore, there is no reason to entertain present petition.
Present petition is, accordingly, dismissed on the ground of alternative remedy particularly in view of the fact that Section 16 of the Act clearly provides for grant of opportunity of hearing to the affected persons, who had made representation under Section 15 of the Act.
Order Date :- 23.3.2023 Lalit Shukla
Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to entertain a petition for quashing orders passed by the Police Commissioner relating to apprehension of commission of offence under U.P. Gangster and Anti Social Activities (Prevention) Act.
3 provisions across 1 enactments
Zeenat Fatima
State Of U.P.
2 Others
Vivek Kumar Birla
Surendra Singh
Lalit Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
