Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17025 of 2020 Petitioner :- Satyapal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for quashing the impugned order dated 11.9.2020 passed by District Magistrate, Budaun in Case No.01973/2020 (State vs. Satyapal Singh) under Section 14(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Act').
Learned A.G.A. has raised a preliminary objection as to the maintainability of the writ petition on the ground that the petitioner has a remedy under Section 15(2) of the Act to establish his claim before the District Magistrate and for this purpose he may make an application before the District Magistrate within three months from the date of the knowledge of the attachment.
Learned counsel for the petitioner submits that the petitioner shall move an application under Section 15 of the Act before the District Magistrate, Budaun within three weeks.
In view of the aforesaid, this writ petition is dismissed on the ground of alternative remedy under Section 15 of the Act. If the petitioner makes an application under Section 15 of the Act within three weeks from today along with a copy of this order, the same shall be entertained by the respondent no.2 and shall be disposed of in accordance with law, expeditiously.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 6.1.2021 SP