AMIT MAHESHWARI AND ANOTHER v. STATE OF U.P. AND 2 OTHER
CRLP/3092/2025 · 2025-03-16
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19637 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38179-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3092 of 2025 Petitioner :- Amit Maheshwari And Another Respondent :- State Of U.P. And 2 Other Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned AGA for the State respondents.
2. The instant writ petition is preferred inter-alia seeking following reliefs:-
"a) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 04.01.2025 passed by District Magistrate, Muzaffar Nagar in Case No.1 of 2025 (State v. Amit Maheshwari and another), under section 14(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. New Mandi, District Muzaffar Nagar attaching the property of the petitioners as well as entire proceeding being held by the respondent no.2 in terms of provisions of section 14(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986. b) to issue a writ order or direction in the nature of mandamus directing the respondent no.2 to release the property of the petitioner which is self acquired property in favour of the petitioner."
3. Learned AGA raised an objection qua the maintainability of this writ petition on the premise that against the impugned order dated 04.01.2025 passed by the District Magistrate, Muzaffar Nagar, under section 14(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, the petitioner is having efficacious remedy to file an appropriate application before the competent authority within 90 days, and in case, any such application is filed by the petitioner, definitely the authority would proceed in accordance with law.
4. Considering the factual situation, we are not inclined to entertain the instant writ petition. Suffice to indicate that in case the petitioner moves an appropriate application before the competent authority within ten days from today, we hope and trust that the same would be decided by the authority expeditiously as per law.
5. The instant writ petition is disposed of accordingly. Order Date :- 17.3.2025 S.P. (Prashant Kumar,J.) (M.C. Tripathi, J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad