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2025 DAILYLAW 15406 (ALL)

SHARAFAT HUSSAIN v. STATE OF UP AND 3 OTHERS

CRLP/3352/2025 · 2025-03-20

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41551-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3352 of 2025 Petitioner :- Sharafat Hussain Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Ali Hasan, learned counsel for the petitioner and learned A.G.A. for the State-respondents and perused the material on record. 2. The writ petition has been filed praying for quashing the order dated 14.08.2024 passed by respondent No.2 as it relates to confirmation of the attachment order dated 05.10.2023 passed by respondent No.2 in respect of the property of 5 floor residential shop/showroom situated in Mohalla- Bholanagar, Kasba and Police Station- Fatehganj Paschimi, District- Bareilly and further to direct respondent No.2 to release the said property. 3. By the impugned order, a relief was granted to the petitioner in respect of his ancestral house, however, relief has been refused in respect of the shop. 4. The petitioner has effective alternative statutory remedy available under Section 16 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. 5. Accordingly, the petition stands dismissed on the ground of availability of statutory remedy. 6. As prayed by the learned counsel for the petitioner, office is directed to return the certified copies of the documents after taking photo-copies of the same on record as he desires to avail the statutory remedy. Order Date :- 21.3.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad