Application to quash attachment orders under the U.P. Gangster and Anti-Social Activities Act dismissed, with the Court finding remedies available under the Criminal Procedure Code.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 8442 of 2010
Applicant :- Smt. Shankuntala Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Naushad Siddiqui Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Naushad Siddiqui, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State.
This application has been filed with a prayer to quash the order dated 20.11.2004 and 18.2.2005 passed by learned District Magistrate, Kanpur Nagar whereby the house of the applicant has been attached in exercise of powers conferred under section 16(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion that the applicant has remedy open to her by way of filing an appropriate application before the concerned Court below/appropriate forum as per provisions of Criminal Procedure Code for redressal of her grievance, if so advised.
Interim order, if any, stands vacated.
With the aforesaid observations, this application stands disposed off.
Order Date :- 24.5.2019 Dev/-
Smt. Shankuntala Devi
Vivek Kumar Singh
As recorded by the court registry
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