MOHD. ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO.
A482/4844/2025 · 2025-06-13
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143170 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143170 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35481 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4844 of 2025 Applicant :- Mohd. Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Anand Dubey,Amit Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The instant application has been for quashing the order dated 25.07.2024 passed by Chief Judicial Magistrate, Ayodhya in Misc. Case No. 230/2024 (Mohd. Alam Anshari vs. State of U.P.) as well as order dated 18.9.2024 passed by Sessions Judge, Ayodhya in Criminal Revision No. 197/2024 (Mohd. Alam Anshari vs. State of U.P.). It is further prayed that the Chief Judicial Magistrate, Ayodhya may be directed to release the amount of Rs. 38,980/- in favour of the applicant. 3. Learned counsel for the applicant submitted that the applicant received one link on his mobile and by mistake, he got trapped in the said link and as a result of which, Rs. 50,950/- was taken away from his bank account. The applicant immediately made a complaint on Cyber Crime portal and his complaint was registered as Complaint No. 23112230116248. 4. Learned counsel for the applicant further submitted that as per information of the applicant, Rs. 38,980/- was freezed under the order of In-charge Inspector of PS- Cyber Crime, Ayodhya. Therefore, he filed the application bearing Misc. Case No. 230/2024 (Mohd. Alam Anshari vs. State of U.P.) before the C.J.M., Ayodhya for issuance of a direction to release the aforesaid amount in his favour, but the same was rejected. Thereafter, he preferred revision, but the same was also rejected. 5. Learned counsel for the applicant further submitted that the court below has rejected the application of the applicant on the ground that the alleged amount is not related to a case of property, therefore, no direction can be issued. 6. Learned AGA for the State placed written instructions duly signed by Mohd. Arshad, In-charge Inspector of PS- Cyber Crime Ayodhya, which is taken on record and admitted that on the basis of the complaint of the applicant, Rs. 38,980/- has
been freezed. He also does not dispute the fact that the aforesaid amount belongs to the applicant. 7.
Considering the submissions of learned counsel for the parties and going through the contents of the application, the impugned orders as well as the written instructions duly signed by Mohd. Arshad, In-charge Inspector of PS- Cyber Crime Ayodhya provided by learned AGA, this application is disposed of with a direction to the In-charge Inspector of PS- Cyber Crime Ayodhya to ensure that the amount freezed of the applicant be released forthwith. Order Date :- 13.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench