Adeeb Alam Vs State of U.P. and 5 Others

Court No. - 76

Case :- APPLICATION U/S 482 No. - 40931 of 2019

Applicant :- Adeeb Alam Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the order dated 24.10.2019 passed by Deputy District Magistrate, Khalilabad, District Sant Kabir Nagar in Case No.84/11/76 (Habibullah Vs. Jaijula), under Sections 145/146 Cr.P.C., Police Station Dudhara, District Sant Kabir Nagar.

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It has been submitted by learned counsel for the applicant that in the proceeding under Section 145 Cr.P.C. by order dated 01.07.2019 an impartial receiver was to be appointed. Initially, the name of Abdul Ahad was suggested. Subsequently, name of three impartial persons were required and amongst three names, Abdul Ahad was appointed as receiver. It has further been submitted that Abdul Ahad is not impartial as his brother-in-law was connected with the property in question and certain proceedings are pending before this Court with respect to the property in which the brother-in-law of Abdul Ahad is one of the party.

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In view of the above, the order dated 24.10.2019 is set aside with a direction to the Magistrate concerned that an impartial person may be appointed as a receiver over the property in question within a period of 15 days from the date of production of a certified copy of this order before him.

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With the aforesaid observation, this application stands disposed of.

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Order Date :- 22.11.2019 Anand Sri./-

Adeeb Alam v. State of U.P. and 5 Others

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Adeeb Alam v. State of U.P. and 5 Others

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