The Allahabad High Court has refused to interfere with the petition challenging the legality of the action of the Gangster Act against Umakant Yadav by order of the District Magistrate, Azamgarh.
The Division Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma passed this order while hearing a Criminal Misc Writ Petition filed by Umakant Yadav.
Challenge in the writ petition is for quashing of the order dated 09.05.2022 passed by the District Magistrate, Azamgarh in Case under Section 14(1) of the U.P Gangsters and Anti Social Activities (Prevention) Act, 1986.
Against the order impugned, the petitioner has a statutory alternative remedy of filing an application under Section 15(1) of the Act for release of the property attached, the Court said.
“In case of refusal by the District Magistrate, the matter is to be referred to a Court having jurisdiction to try an offence under the Act, which shall enquire into the matter and pass appropriate orders thereafter under Section 18, an appeal lies. Thus, a complete procedure has been provided under the Act which has not been availed.
The writ petition, therefore, dismissed on the ground of availability of statutory alternative remedy which the petitioner may avail, in case, so advised”, the order reads.