LALLAN NISHAD @ LALLAN PRASAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3764/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137911 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137911 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26617 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3764 of 2025 Applicant :- Lallan Nishad @ Lallan Prasad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Jyoti Rawat,Akanksha Suman,Satyam Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant, Sri Rao Narendra Singh and Sri Arunendra, learned AGA for the State-respondent and perused the record.
2. The present application under Section 482 Cr.P.C./528 BNSS has been filed by the applicant with the following main reliefs:
"That this Hon'ble Court may kindly be pleased to quash or set aside the impugned order dated 10.03.2025 passed in Case No. 1182/2024, U/s- 14(1) Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986, Police Station-Purakalandar, District-Ayodhya, alongwith Recovery Notice dated 24.04.2024 passed by learned District Magistrate, District- Ayodhya in Case No. D202404230001182 U/s-14(1) Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 (State versus Lallan Nishad) and to release the bank account freezed by the court.
3. Learned AGA has raised a preliminary objection regarding the maintainability of the present application on the ground that the applicant has a statutory alternative remedy to file an appeal under Section 18 of the U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986 against the order passed by the District Magistrate under Section 14(1) of the U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986 and in support of his submission learned AGA has relied upon the judgement dated 29.7.2021 passed by this Court in Application under Section 482 Cr.P.c. No. 15865 of 2020 (Smt. Kripa Devi Vs. State of U.P. and another).
4. At this stage, learned counsel for the applicant has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file an appeal under Section 18 of the U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986.
5. In view of the above, the present application is dismissed as not pressed.
6. It is open for the applicant to avail the remedy as may be permissible under law.
7. Certified copy of the impugned order be returned to the applicant as per rule after retaining a photo-state copy of the same on the record. Order Date :- 7.5.2025/AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench