Pradeep Kumar Mishra And Others vs State Of U.P Thru. Prin. Secy. Home ...
2023 Latest Caselaw 22348 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54902
 
Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 8135 of 2023
 
Applicant :- Pradeep Kumar Mishra And Others
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Dpett. Civil Secrt. Lko.
 
Counsel for Applicant :- Anurag Singh Chauhan,Shameem Jahan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicants, earned A.G.A. for the State and perused the record.

2. Present application is moved by the applicants to quash the impugned order dated 21.7.2023, passed by the learned Special Judge, Gangster Act, (Court No.8), Sultanpur, in Gangster Case No.1 of 2019; Dileep Kumar Mishra and others Versus State of U.P., arising out of Case Crime No. 279 of 2017, under section- 3 (1) of U.P. Gangster Act, relating to Police Station Kotwali Nagar, District-Sultanpur.

3. Learned counsel for the applicant submitted that the applicants were dragged in the F.I.R. No.279 of 2017, under section- 3 (1) of U.P. Gangster Act, P.S.- Kotwali Nagar, District- Sultanpur and the charge sheet was filed by the Investigating Officer in the aforesaid case in the most mechanical manner, and thereafter, order for attachment of the property in question under Section 14 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act was passed by the District Magistrate, Sultanpur. He further submitted that the charge sheet as well as consequential proceedings in relation to the aforesaid case were challenged before this Court in Application U/s 482 No.2897 of 2020 which was allowed by this Court on 23.05.2022. He further submitted that as the impugned proceedings were initiated on the F.I.R. lodged by the In-Charge, Station House Officer, P.S. Kotwali Nagar, District- Sultanpur and the order passed by this Court in the aforesaid case was not challenged by the State Government as one rival challenged the judgment and order dated 23.05.2022 before the Hon'ble Apex Court in S.L.P. Criminal No.6941 of 2022, and in the meantime, application was also filed before the Special Court for setting aside the judgment and order passed by the District Magistrate on 14.09.2018. He further submitted that the application of applicant was decided by the Court below on 21.07.2023 and that was for releasing the attached property with certain conditions. He further submitted that despite the order dated 21.07.2023, bank officials are not allowing the applicants to operate the bank account, therefore, kind indulgence of this Court is necessary.

4. Learned A.G.A. opposed the prayer of applicants and submitted that the trial court has already allowed the application of the applicant and there is no evidence that the said order was placed before the bank authorities as well as other authorities, therefore, application of the applicants is liable to be dismissed.

5. Considering the submissions of counsel for the parties, going through the contents of application as well as other relevant documents and order dated 21.07.2023, the present application is disposed of with a direction to the applicant to place the order dated 21.07.2023 before the District Magistrate, Sultanpur as well as Bank Officials for necessary compliance.

6. In case the application is moved by the applicant, the authorities concerned are directed to take decisions on the same forthwith.

Order Date :- 18.8.2023

V. Sinha