Allahabad High Court
ABHAY KUMAR SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed because a statutory alternative remedy under Rule 23 is available to the petitioner.
Summary
The petitioner, Abhay Kumar Singh, challenged the order of punishment affirmed in an appeal before the High Court of Allahabad. The respondents, the State of U.P. and others, contended that the petitioner had a statutory alternative remedy under Rule 23 of the U.P. Police Officials of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The court considered the preliminary objection raised by the respondents that a revision petition could be filed under the said rule. Finding that the statutory remedy was indeed available, the court held that the writ petition could not proceed. Consequently, the writ petition was dismissed.
Issues considered
- Whether the petitioner is barred from filing a writ petition when a statutory alternative remedy under Rule 23 of the U.P. Police Officials of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 is available
Subjects
- statutory alternative remedy
- writ petition
- revision
- Rule 23
- U.P. Police Officials of the Subordinate Ranks (Punishment and Appeal) Rules, 1991
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6644 of 2026
Abhay Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deo Prakash Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the
respondents.
2. The order of punishment affirmed in the appeal are under challenge in the
present writ petition.
3. A preliminary objection has been raised by learned Standing Counsel that
against the order impugned statutory alternative remedy is available to the
petitioner to file revision as provided under Rule 23 of U.P. Police Officials of
the Subordinate Ranks (Punishment and Appeal), Rule, 1991.
4. In view of the above, writ petition is dismissed on the ground of availability
of statutory alternative remedy.
(Prakash Padia,J.)
May 5, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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