Raja vs State Of U.P. And 3 Others
2022 Latest Caselaw 2105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4848 of 2022
 

 
Petitioner :- Raja
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Hari Bans Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Against the order impugned, the petitioner has statutory alternative remedy of preferring an appeal under section 6 of U.P. Control of Goondas Act, 1970 (hereinafter referred to as the 'Act') which has not been availed.

In such circumstances, we are not inclined to entertain the present petition. Even otherwise, the judgment relied upon by the petitioner in Atif Adnan vs. D.M. Faizabad and others 2018 2 ACR 1717 would not have any applicability in as much as issuance of notice therein was referable to section 2 (b)(i) of the Act whereas the powers in the facts and circumstances of the present case has been exercised under section 2 (b)(iv) of the Act. There is no requirement of a habitual offender for the purposes of invocation of power under section 2 (b)(iv) of the Act.

In such circumstances, legality of the order prima facie cannot be questioned on the basis of the aforesaid judgment particularly, when the remedy of appeal is otherwise available to the petitioner.

Leaving all questions of facts and law open for determination in the appeal, the writ petition is consigned to Records.

It is, however, provided that in the event such an appeal is preferred within a week from today, the same would be disposed of by a reasoned order. The stay application filed in the matter would be disposed of within a period of three weeks. The appeal itself would be decided within a period of six weeks thereafter.

Order Date :- 5.5.2022

Madhurima