Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8296 of 2021 Petitioner :- Mazid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.07.2021 passed by the Special Court of Police Commissioner, Gautam Budh Nagar (Respondent No. 2) in case No. 297 of 2020, (State vs. Mazid), u/s 2/3 of U.P. Gunda Control Act 1970.
II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to arrest of the petitioner in Case No. 297 of 2020 (State vs. Mazid), u/s 2/3 of U.P. Gunda Control Act 1970. "
Learned A.G.A. has raised a preliminary objection regarding maintainability of the petition on the ground that against the impugned order the petitioner has an efficacious remedy of filing appeal, under Section 6 of U.P. Control of Goondas Act, 1970 and admittedly, till date, no appeal is being preferred by the petitioner.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off leaving it open to the petitioner to prefer an appeal before the authority concerned, within a week's time, and in case, the same is filed, the authority concerned is directed to entertain the same on merit, ignoring the delay, if any, treating it under limitation.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.9.2021 Deepak/