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2025 DAILYLAW 121406 (ALL)

SHAIKH SHWEBA RIZWAN v. STATE OF U.P. THRU. PRIN. SECY.HOME DEPTT. LKO. AND 3 OTHERS

CRLP/925/2025 · 2025-03-04

Rajeev Singh

body2025

Judgment text

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Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 925 of 2025 Petitioner :- Shaikh Shweba Rizwan Respondent :- State Of U.P. Thru. Prin. Secy.Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd.Areeb Siddiqui,Akil Imam Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition is filed with the following prayer :- "to issue an writ order or direction in the nature of certiorari to quash and set aside the order dated 1.1.2025 passed by opposite party no.2 contained in Annexure No.1 to this writ petition." 3. Learned counsel for the petitioner submits that petitioner is falsely implicated in the case and is having no criminal antecedent. He also submits that brother of the petitioner was implicated in Case Crime No.0083 of 2024 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Jaidpur, District Barabanki and the proceeding of attachment and forfeiture of the property was initiated against him under Section 14(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. He further submits that as the respondent authorities attached the property of the petitioner and passed an order under Section 14(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 on 1.1.2025, therefore, kind indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the petitioner and submits that Section 15 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 provides that in case, any property is attached under Section 14, the claimant thereof may, within three months from the date of knowledge of such attachment, make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him, and it is obligatory on the part of the District Magistrate to pass a reasoned order on said representation, therefore, in case, property of the petitioner was wrongly attached, then it is open to the petitioner to file comprehensive representation before the District Magistrate within a period of three months from the date of order. 5. At this stage, learned counsel for the petitioner requested that petition may be disposed of with the liberty to the petitioner to move representation under Section 15 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 before the District Magistrate concerned. 6. Considering the submissions of learned counsel for the parties, going through the contents of the petition, the present petition is disposed of with the liberty to petitioner to file statutory representation before the District Magistrate, forthwith and in case, any representation is filed, same shall be decided by a reasoned and speaking order. Order Date :- 4.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench