SHRI PRAKASH AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
NA528/19428/2025 · 2025-07-15
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63650 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63650 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114669 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19428 of 2025 Applicant :- Shri Prakash And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Pramod Kumar Singh,Tripathi B.G. Bhai Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, Sri Ashok Kumar Singh, learned counsel for the opposite party No.4, learned A.G.A. for the State and perused the record.
2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :-
"It is, therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to quash the order dated 15.11.2021 passed by the Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No.33646/2021, State Vs. Shri Prakash and others, arising out of Case Crime No.131/2021, under section 120B, 420, 406, 504, 506, 352 I.P.C., Police Station- Dumariyaganj, District- Siddharth Nagar. As alternate to direct the Chief Judicial Magistrate, Siddharth Nagar to decide the applications dated 15.02.2023, 16.12.2023 and 15.07.2023 filed by the applicants within stipulated period to be specified by this Hon'ble Court.
3. It is submitted by learned counsel for the applicants that in the aforesaid case the bank account of applicants were arbitrarily seized by the learned Chief Judicial Magistrate, Siddharth Nagar vide impugned order dated 15.11.2021. Learned counsel has referred facts of the matter and submitted that there is no justification to continue the seizure of the bank accounts of the applicants. It is further submitted that applicants have filed three applications / representations dated 15.02.2023, 15.07.2023 and 16.12.2023 before the learned Chief Judicial Magistrate, Siddharth Nagar to release the said bank accounts and those applications are still pending. It was submitted that a direction may be made to the Chief Judicial Magistrate concerned to decide those applications expeditiously in accordance with law.
4. Learned A.G.A. and learned counsel for the opposite party No.4 have also agreed that direction may be made to the Chief Judicial Magistrate concerned to decide the applications / representations of the applicants in accordance with law.
5. In view of aforesaid, learned Chief Judicial Magistrate, Siddharth Nagar is
directed to expedite the hearing of aforesaid three applications dated 15.02.2023, 15.07.2023 and 16.12.2023 and to decide the same as early as possible, preferably within a period of six weeks from the date of receipt of copy of this order, provided there is no other legal impediment.
6. The application under Section - 528 BNSS is disposed of accordingly.
Order Date :- 16.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad