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2025 DAILYLAW 96594 (ALL)

RAM BALESH YADAV AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/20823/2025 · 2025-09-23

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20823 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State- respondents. 2. The instant writ petition has been filed with the following relief:- (I) Issue a writ order or direction in the nature of certiorari quashing the order dated 31.10.2023 passed by District Magistrate Gorakhpur in Case NO.3086 of 2023 in Computerized Case No.D202305320003086 (State Vs. Kamlesh Yadav and others), under Sections 14(1) U.P. Gangster Act, 1986 and direct the respondent no.3 to release the movable and immovable property attached by authority concerned, within some stipulated time. (II) Issue, a writ of mandamus directing the respondent no.3 to decide the representation/application for release of property of the petitioners dated 05.01.2024 within some stipulated period. 3. Contention of the learned counsel for the petitioners is that after the proceeding under the Gangster Act were quashed, the petitioners moved an application before the District Magistrate under Section 14(1) and 15 of U.P. Gangster Act on 05.01.2024 which has been annexed to the writ petition as annexure-3 to the writ petition. Learned counsel for the petitioners prays that the application be decided within three weeks. 4. Without going into the merits of the case, we direct that the District Magistrate shall decide the application under Sections 14(1)/15 of the U.P. Gangster Act, 1986 within a period of three weeks from the date of Versus Counsel for Petitioner(s) : Pramod Kumar Dubey Counsel for Respondent(s) : G.A. Ram Balesh Yadav And Another .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) production of certified copy of this order. 5. With these observations, the writ petition stands disposed of. September 24, 2025 Imtiyaz CRLP No. 20823 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad