MOHD. DILSHAD v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6559/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152641 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42645-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6559 of 2025 Petitioner :- Mohd. Dilshad Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned Notice dated 6.11.2024 as well as order dated 25.06.2025 passed by District Magistrate, District Pratapgarh in case no. 2262/2024 Computerised case No. D202402570002262
"State of U.P. Vs. Mohd. Dilshad @ Sube" U/s 3(1) Uttar Pradesh Control of Gundas Act. 1970 issued by opp. party no. 2, against the petitioner, which is contained as annexure no. 1 & 2 with this writ petition, in the interest of justice. (ii) Issue any other writ, order or direction in the nature of mandamus commanding directing the opp. parties not to take any coarcive action against the petitioner in pursuance of Notice dated 6.11.2024 as well as order dated 25.06.2025 passed by District Magistrate, District- Pratapgarh in case no. 2262/2024 Computerised case No. D202402570002262 "State of U.P. Vs. Mohd. Dilshad @ Sube" U/s 3(1) Uttar Pradesh Control of Gundas Act. 1970 issued by opp. party no. 2, which is contained as annexure no. 1 & 2 with this writ petition, in the interest of justice. (iv) Issue any other writ, order or direction in the nature of mandamus commanding directing to the opp. party no. 2 for considering the objection dated 20.11.2024 submitted by the petitioner, against Notice dated 6.11.2024 as well
as order dated 25.06.2025 passed by District Magistrate, District Pratapgarh in case no. 2262/2024 Computerised case No. D202402570002262 "State of U.P. Vs. Mohd. Dilshad @ Sube" U/s 3(1) Uttar Pradesh Control of Gundas Act. 1970 issued by opp. party no. 2, in the interest of justice."
3. Learned A.G.A. for the State Respondents has raised a preliminary objection regarding the maintainability of the writ petition as he says that the order has been passed by the District Magistrate under Section 3(1) Uttar Pradesh Control of Gundas Act. 1970 and there is a statutory remedy of filing an appeal against such order. 4.
This writ petition is dismissed with liberty to the petitioner to approach the statutory Court. Order Date :- 24.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench