HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31776 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(a) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 for permission of Kumar Adarsh Private Ltd., operating the stopped Account no.40631288833 running under Branch-Baipokhar, District Basti. (b) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to decide the application dated 28.07.2025 relating to Kumar Adarsh Private Ltd. operating the stopped Account no.40631288833 running under Branch- Baipokhar, District Basti. (c). Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (d) Award cost of the petition to the petitioner." 3. This Court in identical circumstances has dismissed the writ petition being Criminal Misc. Writ Petition No.7850 of 2023 (M/s. Brijwasi Saraf Thru. its Prop. Namely Sanjeev Kumar Agarwal Vs. Union of India Thru. Secy. Ministry Home Affairs Deptt. Cabinet Secrt. New Delhi and Others) vide Versus Counsel for Petitioner(s) : Ram Prasad Yadav Counsel for Respondent(s) : C.S.C. Kumar Adarsh Private Ltd .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) order dated 31.01.2024. Paragraph nos.14 to 16 of the said judgement are reproduced herein-below:- "14. We find that for freezing the account invoking provision as contained under Section 102 Cr.P.C. cannot, by any stretch of imagination, be held to be deprivation of right of property available to the petitioner. Such argument of learned counsel for the petitioner appears to be misconceived. 15. It is apposite to refer Section 451 of Cr.P.C. which enables the trial Court to grant interim custody pending trial. Similarly, Section 457 also vests power in the Magistrate to deal with the seized property as deemed proper and necessary. An accused whose property is seized by police officer can file application for grant of interim custody. This is an effective and efficacious remedy. Section 457 of Cr.P.C. for ready reference is reproduced here-in-under:- 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. (Emphasis supplied by us) 16. Thus, on the basis of what has been discussed above, the WRIC No. 31776 of 2025 2 petitioner ought to have approached the jurisdictional Magistrate seeking appropriate remedy in respect of the property seized and therefore, when an alternative remedy is available, in our considered opinion the present writ petition is not maintainable." 4. Accordingly, the present writ petition is dismissed in terms of the judgement and order dated 31.01.2024 passed in Criminal Misc. Writ Petition No.7850 of 2023. September 25, 2025 NS/SS WRIC No. 31776 of 2025 3 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad