Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3464 of 2021 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashank Kumar,Vinod Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. This writ petition has been filed by the petitioner to direct the respondent No.2/Commissioner, Chitrakoot Dham Mandal, Banda to decide the postponement application filed by the petitioner in Appeal No.00422 of 2021, under Section 6 of the U.P. Control of Goonda Act 1970.
3. The petitioner could have pursued his remedy, which he has already demanded. The District Magistrate passed the order on 25.3.2021. It appears that the petitioner has not obeyed the said order of the District Magistrate.
4. These are all factual data which we cannot go into in a writ petition under Article 226 of the Constitution of India.
5. As he has not even obeyed the orders of the District Magistrate and as when we enquired from learned Advocate Shri Shashank Kumar as to where his client is present, he has merely stated that he has no instructions, therefore, we do not feel that any interference is required under Article 226 of Constitution of India 1950.
6. In view of the above, the petition is devoid of merits and the order passed by the authorities cannot be interfered with. The alternative remedy which he has taken may be pursued by him.
7. This petition is dismissed with exemplary costs of Rs.5000/-.
8. We have given chance to Shashank Kumar, learned counsel for the petitioner to convey the cost which would be appropriate, but he has failed.
9. This Court directs his client to deposits the cost in the State exchequer for the petition and wasting time of the Court as the petitioner neither appeared before the authorities in compliance of the order of the District Magistrate nor moved application for stay thereagainst and has rushed this Court by way of this petition.
10. The cost shall be deposited with the District Magistrate, who shall take it in the Chief Minister's Relief Fund.
11. This order be sent to the news paper reports so that in future such persons may not waste the time of the Court.
12. We are thankful to Shri Vinod Kumar, learned AGA for the State for ably assisting us.
Order Date :- 10.5.2021 A.N. Mishra Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.11 15:41:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.11 15:42:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad