Neutral Citation No. - 2025:AHC-LKO:6197 Court No. - 14 Case :- CRIMINAL MISC. WRIT PETITION No. - 609 of 2025 Petitioner :- Ram Chandra Gupta Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Petitioner :- Anamika Singh Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Vakalatnama filed today by Sri Amar Nath Dubey, Advocate on behalf of respondent no. 2 is taken on record. Heard learned counsel for the petitioner, learned counsel for the respondent no. 2 as well as learned A.G.A. and perused material on record. The present petition has been filed for the following relief: "I. Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 16.1.2024 passed by learned Additional Sessions Judge, Court No. 1 Pratapgarh in Criminal Revision No. 53 of 2023 along with impugned order dated 16.3.2024 passed by Sub-Divisional Magistrate, Patti, Pratapgarh in case No. 7049 of 2021/Computerized Case No. T202102570407049, under Section 146(1) Cr.P.C., in the interest of justice. II. Issue an writ order or direction in the nature of Mandamus commanding and directing the respondents authorities not to take act upon impugned order dated 16.3.2023, during the pendency of this writ petition. It is submitted by learned counsel for the petitioner that an order under Section 145(1) Cr.P.C. was passed by the learned S.D.M on 2.8.2021, thereafter an order under Section 146(1) Cr.P.C. was passed on 16.03.2023 for attachment of the property relating to Gata No. 82. Further submitted that an application dated 17.12.2024 for withdrawing the order of attachment was moved by the petitioner which is still pending before the learned court. Order dated 16.3.2023 was passed by the learned court of S.D.M. without recording satisfaction that there was emergency as provided under section 146(1) Cr.P.C., therefore request to set it aside and allow the petition. Learned counsel for respondent no. 2 as well as learned A.G.A. contended that there is proviso to Section 146(1) Cr.P.C. which states that the Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute and application for withdrawal of attachment order is pending before the learned court of S.D.M. therefore, the petitioner should go to the court concerned who will pass appropriate order. On considering the fact and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and perusal of record, the order in question and the application for withdrawal of order of attachment pending before the learned court concerned dated 17.12.2024 and without making any comment on merit of the case, it appears expedient to direct the learned court concerned to decide the application moved by the petitioner dated 17.12.2024 in accordance with law on the basis of material on record. Accordingly, the learned court concerned is hereby directed to decide the application dated 17.12.2024 within a period of 30 days from the date of production of certified copy of this order without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid direction, the present petition disposed of, finally. Order Date :- 30.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench