Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3524 of 2021 Petitioner :- Sunil Kumar Bind Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Santosh Kumar Rai Counsel for Respondent :- G.A.
Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 15:08:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The instant writ petition has been filed challenging the order dated 05.04.2021 passed by Respondent no. 2, District Magistrate, Ghazipur against the petitioner.
The petitioner has approached this Court by way of instant writ petition without availing the statutory remedy of appeal provided under Section 6 of U.P. Control of Goondas Act, 1970.
On query made by the Court as to why statutory remedy has not been availed, learned counsel for the petitioner submitted that on account of Covid-19, there is no likelihood of the appeal being entertained.
However, we find no specific assertion in the writ petition that the appellate authority is not entertaining the appeal or is not functioning.
The appeal under section 6 of U.P. Control of Goondas Act, 1970 lies with the Commissioner of the Division.
In view of availability of statutory alternative remedy, we direct the petitioner to avail the said remedy. If appeal is filed within two weeks from today, the same shall be entertained and decided as expeditiously as possible.
The petition stands disposed of accordingly.
For a period of 15 days, the operation of the impugned order is kept in abeyance.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) RPD Order Date :- 27.5.2021 Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 15:11:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad