Jai Prakash Yadav vs The State Of U.P Thru Principal ...
2012 Latest Caselaw 2358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1887 of 2012
 

 
Petitioner :- Jai Prakash Yadav
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Petitioner Counsel :- Rama Kant Jayswal,Manish Tripathi,Parul Kant
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

This petition has been filed under Section 482 Cr.P.C. for restoration of possession of House No.3/363, located in Ruchi Khand-I, Sharda Nagar Yojana, Lucknow.

It has been pointed out that in execution of order under Section 83 of the Code of Criminal Procedure movable property in the house was attached.  Petitioner was out of station.  The lock was opened and movable property was attached, as is evident from Annexure-1(running pages 4/4A and 4B). 

When the petitioner came back to take possession of the house, same was not given. Order dated 08.11.2011 has been passed to say that possession of the house was never taken and, therefore, possession cannot be restored.

D.I.G./S.S.P., Lucknow, is directed to ensure that possession of the house is restored to the petitioner in view of order passed by the court having competent jurisdiction (Annexure 3), which makes it evident that only movable property was attached.  Lock was opened by the authorities and movable property was removed for attachment.  House was locked by the police officials.

Madam Madhumita Bose, A.G.A. is directed to ensure compliance of this order.

In case, compliance is not made, affidavit be filed by the S.S.P., Lucknow, as to the facts and circumstances under which the possession has not been restored.

List on 23.7.2012.

Order Date :- 30.5.2012

A.Nigam