HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19957 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Shri Arvind Prabodh Dubey holding brief of Shri Ritesh Tiwari, learned counsel for the petitioner and Shri Shravan Kumar Dubey, learned AGA for the State of U.P. 2. Present petition has been filed seeking following relief:- "Issue a writ order or direction in nature of mandamus directing the respondent no.2 to conduct an enquiry with regard to conduct of the Station House Officer, Ramkola and further direct the Station House Officer, Ramkola to release the Original Articles mentioned in the release order dated 03.04.2024 after adopting proper procedure under the law." 3. By drawing attention to the order dated 03.04.2024 it is submitted that the goods recovered were directed to be released by the Chief Judicial Magistrate, Kushinagar at Padrauna in the light of the judgment of the Hon'ble Supreme Court in the case of Sundar Bhai Ambalal Desai vs. State of Gujarat, 2003 (1) J.I.C. (S.C.). The details of the articles so recovered and released by the court were mentioned in the operative portion of the order dated 03.04.2024. Subsequently, on an application filed by the petitioner Chief Judicial Magistrate, Kushinagar passed an order dated 27.11.2024 directing the Incharge Officer/ S.H.O., Ramkola, District Kushnagar that he shall appear in person on 06.12.2024 and explained as to why the order has not been complied with. 4. On a pointed query as to what transpired on 06.12.2024, learned counsel Versus Counsel for Petitioner(s) : Ritesh Tiwari Counsel for Respondent(s) : G.A. Samarjeet .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) for the petitioner submits that the petitioner had moved an application dated 03.08.2025 before the Superintendent of Police, Kushinagar to the effect that the articles be released as the Incharge Officer/ S.H.O., Ramkola, District Kushnagar is asking him to take away the articles. It was further pointed out that a report dated 07.12.2024 (which is not part of the petition) was filed before the Chief Judicial Magistrate, Padrauna, District Kushinagar to the effect that the applicant has refused to accept the articles. By drawing attention to paragraphs 11 and 15 of the writ petition it is submitted that original jewellery produced before the court videography whereof is taken, is not being handed over to the petitioner. 5. We find that all such assertions have not been made by the petitioner before the competent court of law i.e. Chief Judicial Magistrate, Padrauna, District Kushinagar on an application supported by an affidavit. 6. At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to approach the Chief Judicial Magistrate concerned with appropriate application supported by appropriate affidavit making categorical assertion. 7. In such view of the matter, present petition stands dismissed as withdrawn with liberty aforesaid. September 9, 2025 Nitendra CRLP No. 19957 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad