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2025 DAILYLAW 62301 (ALL)

ASHOK YADAV AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/10671/2025 · 2025-05-25

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89587-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10671 of 2025 Petitioner :- Ashok Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Puneet Bhadauria, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned AGA-1 for the State- respondents and perused the record. 2. This writ petition is preferred praying for the following principal relief: "i) issue a writ, order or direction in the nature of certiorari to quash the attachment order dated 12.11.2024, passed by the District Magistrate, Etawah, in Case No.D-202403220001587 (State Vs. Indrapal Singh and Others), under section 14(1), The Uttar Pradesh Gangster and Anti-Social Activities(Prevention) Act, 1986. ii) issue a writ, order or direction in the nature of certiorari to quash the entire proceeding of Case No.D-202403220001587, pending in the court of District Magistrate, Etawah. iii) issue a writ, order or direction in the nature of mandamus commanding to the respondents not to take any coercive action against the petitioners in respect of proceeding of Case No.D-202403220001587, pending in the court of District Magistrate, Etawah." 3. Sri Gaurav Pratap Singh, learned AGA-1 for the State- respondents raised an objection qua the maintainability of the instant writ petition on two points. Firstly, The Uttar Pradesh Gangster and Anti-Social Activities(Prevention) Act, 1986 is a self contain Act and again the order dated 12.11.2024, passed by the District Magistrate, Etawah, under section 14(1) of Act (here-in- after referred as Act), the petitioners is having a efficacious remedy to press an application under section 15(1)(2). Secondly, without filing any objection/representation the instant writ petition is preferred. 4. Confronted with this situation, learned counsel for the petitioners fairly states that against the attachment order under section 14(1) of the Act, 1986, leave may be accorded to the petitioners to file objection/representation within a week's time and the direction be issued to the competent authority to decided the same expeditiously, as the property is attached. 5. Considering the factual situation, without adverting on merit of the case, in case petitioners moves an appropriate objection/representation within a week's time, we hope and trust that the District Magistrate, Etawah, shall passed an appropriate order in accordance with law in the next three weeks, thereafter. 6. With the above observations/directions, this writ petition stands disposed of. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 26.5.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad