Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 893 of 2025
Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This appeal is directed against order dated 20.08.2025 passed in Writ-C No. 27845 of 2025 whereby the writ petition was dismissed, granting liberty to the petitioner-appellant to file appeal under Section 18 of the Arms Act, 1959 against order dated 11.11.2024 passed by the District Magistrate, on a prayer made by the counsel for the appellant.
2. Learned counsel for the appellant, when confronted with the order passed by the Court and non-maintainability of the appeal on account of withdrawal of the writ petition with liberty to file appeal, submissions were made that no such prayer was made before the learned Single Judge.
3. For the plea sought to be raised regarding what transpired before the learned Single Judge on 20.08.2025, filing of the special appeal cannot be countenanced. Hon'ble Supreme Court in State of Maharashtra Vs. Ramdas Shrinivas Nayak and another: AIR 1982 SC 1249 has laid down that if what has transpired before the Court is sought to be disputed, the only remedy is to approach the same Court, any amount of challenge along with even affidavit of the counsel cannot be made the basis for questioning as to what transpired before the Court.
4. In that view of the matter, this appeal is not maintainable. The same is therefore, dismissed leaving it open for the appellant to seek appropriate Versus Counsel for Appellant(s) : Vinod Kumar, Kapil Kumar Soni Counsel for Respondent(s) : C.S.C. Akash Soni .....Appellant(s) State of U.P. and another .....Respondent(s)
remedy in accordance with law. September 25, 2025 AHA/Jyotsana SPLA No. 893 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad