Neutral Citation No. - 2025:AHC:35328 Court No. - 71 Case :- APPLICATION U/S 482 No. - 34617 of 2024 Applicant :- Akshay Jeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Narendra Singh Chahar, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Akshay Jeet Singh, who has been declared as absconder, has approached this Court by means of present application under Section 482 Cr.P.C. with the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and to quash the order dated 17.09.2024 passed by the Special Judge Gangster's Act / Additional Session Judge Court. No. 5 Muzaffarnagar, in S.T. No. 485 of 2019 (State -Vs.-Manjeet @ Toni & Others) and to direct the court below to release the ancestral agriculture land of applicant, which was attached U/s 83 Cr.P.C., under the order dated 01.06.2024, passed by the court below. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation of order dated 17.09.2024 passed by the Special Judge Gangster's Act / Additional Session Judge Court. No. 5 Muzaffarnagar, as well as the attachment order dated 01.06.2024, by which the land of khata No. 111, khasra no. 29, 30, 65, 67, 84 & 105 total area 4.0450 hectares have been attached, during pendency of the present case before this Hon'ble Court. And/or to pass such and further orders, which this Hon'ble Court may, deems fit and proper under the circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in the order impugned a clear and categorical findings has been recorded that the accused who is now declared as an absconder is the recorded tenure-holder of the land which has been attached as per the mandate of law by a Committee under the Chairmanship of concerned Sub-Divisional Magistrate. It is then contended by the learned A.G.A. that since recorded tenure-holder is a bhumidhar, therefore, even though, applicant is not a recorded tenure-holder he cannot claim right, title or interest in the land in dispute during the life time of recorded tenure-holder i.e. the absconder accused. It is therefore, submitted by the learned A.G.A. that applicant has no locus to file any objection to the attachment order passed under Section 83/84 Cr.P.C. As such, no illegality has been committed by Court below in passing the order impugned. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 6.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad