RAJESH MISHRA ALIAS RAJESH KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO . AND OTHERS
CRLP/8435/2025 · 2025-09-17
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163233 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163233 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8435 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Anil Singh, learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed with the following prayer :- (i) Issue a writ, order or direction in the nature of Certiorari for quashing/set-aside the impugned attachment order dated 25.08.2025 passed by the District Magistrate, Pratapgarh (opposite party no.2) in Case No.07/2025 (State Vs. Rajesh Mishra) under Section 14(1) of U.P. Gangsters Act, Police Station - Manikur, District - Pratapgarh against the petitioner by which seized the residential house vide Gata No.14/0.070 hectare and shop and Pulsar Bike No. UP72AY6812 and saving bank account no.20530100008330 of petitioner, contained as Annexure No.1 in the interest of justice. (ii) Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in favour of the petitioner, in the interest of justice.
3. Learned A.G.A. raised preliminary objection that petitioner is having a remedy of statutory representation under Section 15 of the Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986, therefore, petition is liable to be dismissed. Versus Counsel for Petitioner(s) : Anil Singh, Aayush Dwivedi Counsel for Respondent(s) : G.A. Rajesh Mishra Alias Rajesh Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko . And Others .....Respondent(s)
4. Learned counsel for the petitioner could not dispute the submissions of learned A.G.A.
5. Accordingly, the present petition is dismissed with liberty to the petitioner to avail appropriate remedy. September 17, 2025 GauraV/- CRLP No. 8435 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench