Allahabad High Court
Robin Alias Chacha vs State Of U.P. And 2 Others on 15 March, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 3820 of 2023 Petitioner :- Robin Alias Chacha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Gautam,Shiv Vilas Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the petitioner and learned AGA.
Present writ petition has been preferred for quashing the order dated 7.12.2022 passed by respondent no. 2 in Case No. 1190 of 2022 (Computerized Case No. D202211730001190) State vs. Robin alias Chacha u/s 5 of U.P. Control of Goodas Act, 1970.
At the very outset, learned AGA has raised preliminary objection regarding the maintainability of the writ petition on the ground that against the order impugned the petitioner has got alternative efficacious remedy to file appeal and once alternative remedy is available, there is no reason or occasion to byepass the same and as such the writ petition is liable to be dismissed.
Learned counsel for the petitioner could not dispute the aforesaid fact.
Present petition is accordingly dismissed on the ground of alternative remedy.
Order Date :- 15.3.2023 Abhishek