Partly allowed

Anil Khan v. State of U.P. and 3 Others

Allahabad HC8 Oct 2021CRLP/7465/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order attaching his property under the U.P. Gangster Act. The Court found that the attachment lacked procedural compliance as the petitioner had not yet filed a representation for release. Relying on an identical order in a co-ordinate Writ Petition, the Court dismissed the petition, directing the petitioner to approach the District Magistrate wi

What did the court decide?

The writ petition was disposed of on the same terms as Criminal Misc. Writ Petition No.7457 of 2021, requiring the petitioner to approach the District Magistrate within three months to seek release of

Anil Khan Vs State of U.P. and 3 Others — Labour and Industrial Disputes | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7465 of 2021

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Petitioner :- Anil Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sikandar Raza Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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Heard Shri Sikandar Raza, learned counsel for the petitioner and Shri Patanjali Mishra, learned A.G.A. for the Staterespondents.

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This writ petition has been filed praying for the following reliefs :-

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"1. A writ order or direction in the nature of Certiorari quashing the order dated 12.03.2021 passed by District Magistrate Badaun in case no. 2750 of 2020 (State vs. Afsar Ali Pankhiya) (Annexure 3) under section 14(1) the U.P. Gangster and Anti-Social Activities (prevention) Act 1986.

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2. A writ order or direction in the nature of Mandamus commanding the respondentsas not to proceed for physical attachment under section 14(1) the U.P. Gangster and Anti-Social Activities (prevention) Act 1986. In pursuance of the impugned order dated 21.03.2021."

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Learned counsel for the petitioner submits that a similar notice was issued by the District Magistrate, Budaun to one Afsar Ali Pankhiya who and the petitioner are alleged to be the members of one of the gang and on the basis of allegations, notice dated 19.11.2020, under section 14(1) the U.P. Gangster and AntiSocial Activities (prevention) Act 1986 was issued to the petitioner as well as the aforesaid Afsar Ali Pankhiya.

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The aforesaid Afsar Ali Pankhiya filed a Criminal Miscellaneous Writ Petition No.7457 of 2021 challenging the order of attachment and reference dated 12.3.2021 and the writ petition was disposed of by order dated 20.9.2021. Paragraph nos. 4,5,6,7 and 8 of the order dated 20.9.2021 passed in aforesaid Criminal Misc. Writ Petition No.7457 of 2021 are reproduced below :-

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"4. Having heard learned counsel for both sides and gone through the material placed on record as well as provisions of Section 14, 15 and 16 of the Act, it is apparent that attachment of property is to be made by District Magistrate, in case he has reason to believe that any property, whether moveable or immovable, in possession of any person has been

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acquired by a gangster as a result of the commission of an offence triable under this Act, he may order attachment of such property, whether or not cognizance of such offence has been taken by any Court and in case of such attachment under Section 14 of the Act, the application/representation for release of property is to be made within three months from the date of knowledge of such attachment by claimant of the property under Section 15(1) of the Act and under Section 15(2) of the Act if, District Magistrate is satisfied with the ground and reason given under Section 15(1) of the Act, he shall forthwith release the property from attachment and thereupon, such property shall be made over to the claimant. But when no such release is being made by District Magistrate or no representation within stipulated period of three months is being made by claimant, the matter is to be referred to Court having jurisdiction to try an offence under this Act, under Section 16(1) of the Act. But in the present case, no such compliance is there. Hence, so far as the order with regard to attachment under Section 14(1) of the Act as well as appointment of administrator is concerned, the same is with no illegality or irregularity. Hence, for this portion of impugned order neither it is being assailed nor it is with any defect. Hence, this much is intact.

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5. So far as the representation or application for release under Section 15(1) of the Act, is concerned, the same has yet not been moved by petitioner and a discretion or decision under Section 15(2) of the Act by District Magistrate, Budaun, has yet not been taken. Hence, for this portion as well as for making reference to competent Court having jurisdiction is certainly deviation of the provision of Act, requiring the petition to be allowed in part and thereby, relegation or remand to District Magistrate, Budaun, for providing an opportunity to petitioner within stipulated period of three months, for hearing the application/representation for release of attached property under Section 15(1) of the Act. Then after, a decision is to be made under Section 15(2) of the Act, at an expedient and in case of no release or no prayer for release by way of application/representation within above stipulated period is there, then the matter is to be referred to Court of Special Session Judge, U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Buduan, under Section 16(1) of the Act, onward.

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6. Hence, this petition is being finally disposed of with above finding.

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7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."

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Learned counsel for the petitioner states that since an order has been passed by co-ordinate Bench of this Court in an identical matter, therefore similar order may be passed in the case of the petitioner.

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Learned A.G.A. does not dispute the aforesaid submissions that a similar order to the order dated 20.9.2021 (passed in Criminal Miscellaneous Writ Petition No.7457 of 2021) may be passed in the case of the petitioner also.

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In view of the aforesaid and as agreed by learned counsel for the parties, this writ petition is disposed of on the same terms and conditions i.e. the order dated 20.9.2021 passed in Criminal Miscellaneous Writ Petition No.7457 of 2021.

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Order Date :- 8.10.2021 shiv

Anil Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anil Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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