Court No. - 53
Case :- APPLICATION U/S 482 No. - 19984 of 2018 Applicant :- Brij Bhooshan Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to direct the Commissioner, Basti Mandal, Basti/opposite party no.2 to decide the Appeal No.C-201817000000467 (Brij Bhooshan Pandey Vs. Additional District Magistrate, Siddharth Nagar & Ors.) filed under Section 6 of UP Control of Goondas Act arising out of Case No.192 of 2017 & Computerized Case No.D-201717630965 (State Vs. Brij Bhooshan Pandey), under Section 3/4 UP Control of Goondas Act, PS Itwa, District Siddharth Nagar by which the applicant has been ordered to be externed.
The orders impugned are not orders passed in relation to a criminal case or orders made in exercise of powers of a Criminal Court governed by the Code of Criminal Procedure. In this view of the matter the direction sought to the Commissioner to dispose of the application cannot be granted in these proceedings.
Under the said circumstances it is held that the Commissioner who is seized of an appeal under the UP Control of Goondas Act is not amenable to the jurisdiction of this Court under Section 482 CrPC.
This application under Section 482 CrPC is not maintainable and is, accordingly, dismissed as not maintainable.
However, it will be open to the applicant to pursue such other remedy as may be advisable under the law for the relief that he seeks here.
Let certified copies be returned to the learned counsel for the applicant after retaining photostat copies attested by him.
Order Date :- 31.5.2018 Shahroz