Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11217 of 2019 Petitioner :- Devi Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Satyendra Chandra Tripathi, learned counsel for the petitioner and Sri V. K. Pandey, learned A.G.A. for the State.
This writ petition has been filed with the following prayer:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. dated 29.03.2019, registered as Case Crime No.263 of 2019, under Sections 419, 420, 467, 468, 471, IPC, Police Station Cantt. District Gorakhpur.
II. Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner including the arrest of the petitioner in pursuant to the aforesaid impugned F. I. R. dated 29.03.2019."
We have perused the order of 12.03.2019 passed by the Principal Magistrate, Juvenile Justice Board, Gorakhpur.
Sri V. K. Pandey, learned AGA appearing for the State has strongly opposed the aforesaid prayer and has informed the Court that against the order dated 12.03.2019, the petitioner has already availed an alternative remedy of filing an appeal, which is pending for consideration. Thus the present writ petition is not maintainable.
Accordingly, at this stage, the counsel for the petitioner prays that the present writ petition may be dismissed as withdrawn with liberty to seek appropriate remedy before the appropriate forum.
Accordingly, the present writ petition is dismissed as withdrawn with liberty to the petitioner to seek appropriate remedy before the appropriate forum, at the appropriate stage.
Order Date :- 29.4.2019 VKG