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2025 DAILYLAW 162248 (ALL)

ANIL KUMAR SONI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLP/8318/2025 · 2025-10-10

Abdul Moin, Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8318 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the petitioners and learned AGA for the respondents. 2. The argument of learned counsel for the petitioners is that initially an order dated 17.06.2025 was passed by the learned Additional Chief Judicial Magistrate-I, Gonda in Case No.871 of 2016 in re: Kusum vs. Anand and others, per which the action under Section 83 Cr.P.C. was required to be taken. 3. The action was required to be taken against three persons. 4. Subsequent thereto, two persons namely the petitioners appeared before the learned Court and the learned Court vide order dated 09.07.2025, a copy of which is Annexure-11 to the petition, recalled its earlier order so far as it pertained to the petitioners. However, the third accused has still not put in appearance. 5. The grievance of the petitioners is that in pursuance to the earlier order dated 17.06.2025 the entire property has been attached. 6. The petitioners have got an efficacious remedy of filing of their claims and objections to the said attachment under Section 84 Cr.P.C. 7. At this stage, learned counsel for the petitioners states that the Versus Counsel for Petitioner(s) : Abhishek, Anand Dubey, Utkarsh Misra Counsel for Respondent(s) : G.A., Narayan Datt Tiwari Anil Kumar Soni And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Respondent(s) petitioners have no other shelter and are forced to reside outside their house. 8. Considering the aforesaid, it is provided that in case the petitioners submit their claims and objections before the competent authority within three days along with certified copy of this order then the competent authority shall proceed to consider and decide the said claims and objections in accordance with law within a period of seven days from the date of receipt of the claims and objections after hearing all the parties concerned, provided there is no legal impediment. 9. The writ petition stands disposed of. October 10, 2025 A. Katiyar CRLP No. 8318 of 2025 2 (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench