Allahabad High Court
Arun Kumar Yadav vs State Of U P And Another on 7 January, 2021
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 22722 of 2020 Petitioner :- Arun Kumar Yadav Respondent :- State Of U P And Another Counsel for Petitioner :- Shiva Priya Prasad Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondent.
Present petition has been filed with following prayer:-
"a) Issue a writ, order or direction in the nature of mandamus for quashing the order dated 11.2.2020 passed by respondent no.1 in Case No. 03659/ 2018 with computer case no. D201814360003659 (State vs. Arun Kumar Yadav).
b) Issue a writ, order or direction in the nature of mandamus to stay the effect of order dated 11.2.2020 passed by respondent no.1 in Case No. 03659/ 2018 with computer case no. D201814360003659 (State vs. Arun Kumar Yadav) till pending of present writ petition."
Admittedly, statutory remedy of appeal is available to the petitioner against the order impugned herein.
Learned counsel for the petitioner could not dispute the aforesaid position. He, however, submitted that the appeal has become time barred and therefore, the delay in filing the appeal may be condoned.
In view of the prevailing conditions due to COVID-19 Pandemic, it is provided that in case, the appeal is filed within 15 days from today, the same shall be entertained by the appellate authority without raising any objection regarding limitation.
It is made clear that this Court has not considered the case of the petitioner on merit.
With the aforesaid observation, present petition stands disposed of.
Order Date :- 7.1.2021 Aditya