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Neutral Citation No. - 2025:AHC:21072-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1723 of 2025 Petitioner :- Gulzar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar Ojha,Surendra Narayan Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant writ petition is preferred for quashing the impugned attachment/seized order dated 4.9.2024 as well as order dated 12.12.2024 passed by District Magistrate, Baghpat in Case No. 832 of 2024(State vs. Sanjo alias Khala) under Section 14(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986(in short "the Act")(Annexure No.1 & 2 to this writ petition).
3. Sri G.P. Singh, learned AGA raised his submissions in two folds; firstly the proceeding under U.P. Gangsters and Anti-Social Activities( Prevention) Act, 1986 has been drawn and later on, an
order under Section 14(1) of the Act, 1986 was passed; secondly, the application of the petitioner for release of property had also been rejected under Section 15(1) of the Act. Learned AGA further raised objection that as the matter is referred to the Court having jurisdiction to try the offence under Section 16(1) of the Act, the petitioner has ample opportunity to press his case before the Court below as per provision under Section 16(2) of the Act.
4. In view of above, the petitioner has efficacious remedy to press his case before the Court below under Section 16(2) of the Act.
5. With the above observation, the writ petition is disposed of.
Order Date :- 13.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad