Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1292 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 123 of 2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Ghanshyam Joshi,
learned counsel for the petitioner.
2. Mr. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
3. By means of this writ petition, petitioner has sought the following relief:-
“(i) A writ, order or direction in the nature of certiorari quashing the impugned first information report dated 06-02-2025 registered against petitioner vide F.I.R. No. 46 of 2025 under Section 13 Public Gambling Act, 1967, Police Station Bazpur, District Udham Singh Nagar and direct the respondents to release the mobile phone VIVO Y 20 G, motor cycle registration no. UK 10M 7836 etc. of the petitioner.”
4. According to the petitioner, he was arrested and his motorcycle as well as mobile phone was seized by police and an FIR was lodged against him for offence punishable under Section 13 of the Public Gambling Act, 1967.
5.
Learned counsel for the petitioner submits that petitioner was enlarged on bail by the police authorities; however, his motorcycle and mobile phone have not been released so far.
2025:UHC:1292
6.
Learned counsel for the petitioners submits that police authorities be directed to release his motorcycle and mobile phone.
7. Learned State Counsel, however, submits that petitioner can approach the concerned Magistrate by moving appropriate application under Section 497 of Bharatiya Nagarik Suraksha Sanhita, 2023, for release of his property.
8. This Court finds substance in the submission made by learned State Counsel.
9. Since petitioner can approach the Magistrate concerned under appropriate provision of law, for release of his property, therefore, issuance of any direction by this Court would not be warranted.
10. Accordingly, the writ petition is
disposed of with liberty to petitioner to move application before the appropriate forum for release of his property. If petitioner approaches the appropriate forum, this Court hopes and expects that his application for release of property shall be considered and decided, within one week of its filing.
(Manoj Kumar Tiwari, J.)
24.02.2025 Navin