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2025 DAILYLAW 31246 (ALL)

SUNDAR SINGH PRADHAN v. STATE OF U.P AND 2 OTHERS

CRLP/5401/2025 · 2025-03-23

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42986-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5401 of 2025 Petitioner :- Sundar Singh Pradhan Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Mohd Imran Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Mohd. Imran Khan, learned counsel for the petitioner and Sri Shashi Dhar Pandey, learned A.G.A. for the State respondents. 2. This writ petition has been filed in the nature of certiorari quashing the impugned notice/order dated 10-02-2025 passed by respondent no.2 against the petitioner passed in case no. 402 of 2025, under Section 14(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, District Mathrua. 3. Learned counsel for the petitioner submits that the petitioner, an elected village pradhan since 15.05.2021, has been falsely implicated due to political rivalry. His father, a retired CISF Sub- Inspector, had substantial retirement benefits and agricultural land. The petitioner and his brother lawfully received compensation for land acquired for the Agra Expressway in 2008, which was used for house construction in 2009. Further investments were made after his father’s retirement. Despite having no criminal history, the police, in collusion with the opposite party, falsely implicated him, leading to the issuance of a notice under Section 14(1) of the U.P. Gangster Act on 10.02.2025 4. Per contra, learned AGA raised an objection regarding the maintainability of the writ petition on the ground that against the impugned order, the petitioner has an efficacious remedy to file an application under Section 15 of the Act, 1986 for release of the property in question. 5. In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally directing the petitioner to move a fresh application before the respondent no.2/competent authority ventilating grievances within two weeks from today and in case any such application is preferred, the same would be looked into, examined, and remedied strictly in accordance with law within six weeks thereafter by the respondent no.2/competent authority . Order Date :- 24.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad