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2025 DAILYLAW 58955 (ALL)

RITESH KUMAR GUPTA v. STATE OF UP AND 3 OTHERS

WRIC/16353/2025 · 2025-05-27

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91422-DB Court No. - 39 Case :- WRIT - C No. - 16353 of 2025 Petitioner :- Ritesh Kumar Gupta Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- Ashok Kumar Singh,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Kamlesh Kumar Singh, learned advocate appears on behalf of petitioner and submits, his client along with his late father had opened an account with Central Bank at its Branch in Mughalsarai. Subsequently, father of his client died on 12th January, 2025. A false criminal case had been instituted prior to his death, allegedly pursuant to which the police instructed the bank to seize the account. His client made representation dated 17th April, 2025 to respondent no.2 (the District Magistrate) for release of the account. He seeks direction upon said respondent to consider the representation and take action. 2. Mr. Ashok Kumar Singh, learned advocate appears on behalf of respondent nos. 3 and 4 (the Bank). He draws attention to section 15 in Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 to submit, it is provision for release of property. 3. Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State and submits, the representation will be duly dealt with. 4. Petitioner will communicate certified copy of this order along with copy of his representation dated 17th April. 2025, to respondent no.2 (the District Magistrate). Said respondent is directed to consider the application and direct release of the account or pass a reasoned order telling petitioner why such order cannot be made. It is to be done within four weeks of the communication. 5. The writ petition is disposed of. Order Date :- 28.5.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad