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Neutral Citation No. - 2025:AHC:73121-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8999 of 2025 Petitioner :- Pana Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Vishnu Swaroop Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-I for the State.
2. This writ petition is preferred praying for the following principal relief:
"a) To setasiding the order dated 16.10.2023 passed by District Magistrate, respondent no. 2, Gorakhpur under section 14(1) of Gangster Act. b) To issue any order or direction to respondent no. 2 to decide the representation of petitioner dated 02.01.2025 pending before respondent no.2 or which this Hon'ble Court may deem fit and proper under the circumstances of the case."
3. Shri Paritosh Malviya, learned AGA-I has raised an objection qua the maintainability of the instant writ petition on two-fold grounds. He states that firstly, the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, is a self-contained Act and secondly, the petitioner is having efficacious remedy to press an application under Section 15(1) of the Act, 1986. Once the efficacious remedy is available to the petitioner, thee is no reason or occasion to bypass the statutory forum.
4. Considering the relief sought and the objection raised by learned AGA-I, we find that since an efficacious remedy is available to the petitioner, we are not inclined to keep the writ petition pending consideration for an indefinite period, especially when the petitioner has the remedy of filing an application/ representation under Section 15(1) of the Act, 1986. In the interest of justice, if the petitioner files a fresh application within ten days, the same shall be considered on merits and decided expeditiously.
5. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 7.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad