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2025 DAILYLAW 56209 (ALL)

NEERAJ YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/9996/2025 · 2025-08-18

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141367-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9996 of 2025 Petitioner :- Neeraj Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Kumar Shahi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed against the impugned order dated 29.3.2025, by which, the respondent No. 2/District Magistrate, Mainpuri had attached the property, which is alleged to have been acquired by the petitioner through illegal means. 3. Against the said order of attachment, the petitioner had preferred a representation dated 17.4.2025, which too has been rejected by respondent No.2/District Magistrate, Mainpuri on 24.7.2025 and the District Magistrate has refused to release the property from attachment, a copy of which has been annexed with the counter affidavit filed by the State. 3. Thus, we find that the District Magistrate, Mainpuri has made a statutory reference under Section 15(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, after rejecting the representation under Section 14(1) of the said Act to try the offence under this Act as contemplated under Section 15(1) of the Act. 4. In view thereof, we are of the opinion that the petitioner has an alternative and efficacious remedy to approach the Court having jurisdiction in the matter and there is no reason to interfere at this stage, when the matter is sub-judice before the competent court. 5. In view thereof, the writ petition being devoid of merit is accordingly dismissed. Order Date :- 19.8.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad