HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10536 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner, Sri Sanjay Dwivedi, learned counsel appearing for the respondent nos. 1, 2 and 6 and Sri Pankaj Srivastava, learned counsel appearing for the respondent nos. 3, 4 and 5. 2. The petitioner by means of the present writ petition has prayed for the following relief:- " (i) issue a writ, order or direction in the nature of certiorari quashing of impugned order dated 10.02.2025 (Annexure No.1 to the writ petition) having acknowledgement no. 32702250011515 passed by respondent no. 6. (ii) issue a writ, order or direction in the nature of mandamus direct the respondents to left lien/remove holding saving bank account no. 20117853890 in the name of Pradeep Kumar at ADB S.B.I., Rath, Hamirpur related to petitioner; (iii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) award the costs of the writ petition in favour of the petitioners." 3. The co-ordinate Bench of this Court in identical circumstances has dismissed the writ petition being Criminal Misc. Writ Petition No.7850 of 2023 (M/s. Brijwasi Saraf Thru. its Prop. Namely Sanjeev Kumar Agarwal Vs. Union of India Thru. Secy. Ministry Home Affairs Deptt. Cabinet Secrt. New Delhi and Others) vide order dated 31.01.2024. Paragraph nos.14 to 16 of the said judgement are reproduced herein-below:- " 14. We find that for freezing the account invoking provision as contained under Versus Counsel for Petitioner(s) : Hashim Khan, Manvendra Kumar Counsel for Respondent(s) : A.S.G.I., Sanjay Dwivedi, Satish Chaturvedi Pradeep Kumar .....Petitioner(s) Union Of India And 5 Others .....Respondent(s) Section 102 Cr.P.C. cannot, by any stretch of imagination, be held to be deprivation of right of property available to the petitioner. Such argument of learned counsel for the petitioner appears to be misconceived. 15. It is apposite to refer Section 451 of Cr.P.C. which enables the trial Court to grant interim custody pending trial. Similarly, Section 457 also vests power in the Magistrate to deal with the seized property as deemed proper and necessary. An accused whose property is seized by police officer can file application for grant of interim custody. This is an effective and efficacious remedy. Section 457 of Cr.P.C. for ready reference is reproduced here-in-under:- 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. (Emphasis supplied by us) 16. Thus, on the basis of what has been discussed above, the petitioner ought to have approached the jurisdictional Magistrate seeking appropriate remedy in respect of the property seized and therefore, when an alternative remedy is available, in our considered opinion the present writ petition is not maintainable." 4. Accordingly, the present writ petition is dismissed in terms of the judgement and order dated 31.01.2024 passed in Criminal Misc. Writ Petition No.7850 of 2023. October 8, 2025 Monika WRIC No. 10536 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad