Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12232 of 2021 Petitioner :- Anil Kumar Vishwakarma Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Sri Arundenra Kumar Singh, learned AGA for the State-respondent.
By means of the present writ petition, petitioner is assailing the order impugned dated 27.11.2018 passed by the second respondent in Case No. D 201811270004519, under Section 14(1) of the U.P.Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Phase-3 District Gautam Buddh Nagar (Annexure No. 1 to the writ petition).
Sri Singh raised two-fold objections regarding maintainability of the writ petition. Firstly, the writ petition has been preferred beyond time by 987 days, as such, the same is liable to be dismissed on the ground of delay and laches at this belated stage. Secondly, against the order impugned, the petitioner has got efficacious alternative remedy to approach the competent court and as such the present writ petition is liable to be dismissed on the ground of alternative remedy.
Once the objection is being raised, the Court has proceeded to examine the record as well as the order impugned and the Court is of the considered opinion that the relief as has been asked for, the same can very well be pressed before the court concerned. In the facts and circumstances, we are not inclined to proceed under Article 226 of the Constitution of India.
The writ petition stands disposed of accordingly with the aforesaid leave.
Order Date :- 17.12.2021 A.K.Srivastava