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2025 DAILYLAW 84457 (ALL)

MOHD HUSNAIN v. STATE OF U.P. AND 4 OTHERS

WRIC/26666/2025 · 2025-09-07

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26666 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has prayed for a direction to respondent No. 3 i.e., Sub Divisional Magistrate, Sadar, District Gorakhpur to decide his application dated 07.07.2025 and hand over possession of the attached property to him after removing the seal from the same. 2. Case of the petitioner is that order of attachment passed under Section 146(1) Cr.P.C. by respondent No. 3 was subjected to challenge by the petitioner in a criminal revision and wherein by order dated 05.07.2025, the Sessions Judge, Gorakhpur has stayed the operation of the order of attachment dated 15.04.2025. He submits that in view of the said order, the seal is liable to be removed and property should be handed over to the petitioner. 3. As revision is still pending, therefore, we permit the petitioner to move appropriate application before the revisional court so that the revisional court may consider the grievance and issue appropriate orders as is deemed necessary in the interest of justice. 4. The petition stands disposed of with aforesaid liberty. September 8, 2025 Mukesh Kr. Versus Counsel for Petitioner(s) : Arvind Prabodh Dubey Counsel for Respondent(s) : C.S.C., Sharad Kumar Srivastava (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Mohd Husnain .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad