The revisionist, represented by counsel, submitted that an alternative remedy was available and did not wish to press the criminal revision. The government counsel had no objection. The court dismissed the revision as not pressed with liberty to the revisionist to avail the legal remedy.
Dismissed with liberty to avail legal remedy.
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Neutral Citation No. - 2024:AHC:128376
Court No. - 84
Case :- CRIMINAL REVISION No. - 2565 of 2024
Revisionist :- Intizar Quraishi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
The order dated 03.01.2024 passed by the learned Additional Session Judge/ Special Judge (D.A.A. Act), Banda in Special Case No. 116 of 2022 (State versus Azam Quraishi and others), arising out of Case Crime No. 247 of 2022, under Sections 395, 397, 412 I.P.C., Police Station Kotwalil Dehat, District Banda, is under challenge in this case, whereby application of the revisionist for release of vehicle in question has been rejected on the ground that the said vehicle is related to Case Crime No. 1 of 2023, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Kotwali, District Banda and the confiscation proceedings under Section 14(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, has been done in the matter. Hence, the said Court has no jurisdiction to entertain the said application of the revisionist.
At the outset, Mr. Ashutosh Upadhyay, learned counsel for the revisionist submits that on account of alternative remedy available to the revisionist, he does not want to press this criminal revision. Hence, the same may be dismissed with liberty to the revisionist to avail the legal remedy available to him.
Learned A.G.A. has no objection to such prayer of the revisionist.
In view of the above, the instant criminal revision is dismissed as not pressed with the aforesaid liberty as prayed for.
Order Date :- 8.8.2024 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Criminal Revision is maintainable or whether the revisionist should avail alternative remedies?
3 provisions across 2 enactments
State of U.P.
Another
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
