Disposed

Pappu Nishad @ Vidhayak v. State of U.P.and Another

Allahabad HC19 May 2022A482/4765/2022

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What is this about?

The Court directed the District Magistrate, Banda, to decide objections filed against property attachment under Section 14(1) of the Gangster Act expeditiously, preferably within one month, to alleviate the applicant's hardship caused by inaction.

What did the court decide?

Direction to District Magistrate, Banda to decide objections against property attachment under Section 14(1) Gangster Act expeditively within one month.

Pappu Nishad @ Vidhayak Vs State of U.P.and Another — Property and Title | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 4765 of 2022

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Applicant :- Pappu Nishad @ Vidhayak Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the District Magistrate, Banda to consider and decide the Case No. 00099 of 2021 (State vs. Pappu Nishad @ Vidhayak), under Section 14(1) Gangster Act, Case Crime No. 55 of 2021, under Section 2/3 of Gangster Act, P.S. Kotwali Nagar, District Banda, expeditiously within a fixed time frame.

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The grievance of the applicant is that the property of applicant, including his residential building, has been attached under Section 14(1) Gangster Act in the above stated case and that applicant has submitted his objections on 22.06.2021 in the court of District Magistrate, Banda against the said attachment but his objections have not been decided so far, whereas, as per provisions of Gangster Act, such objections have to be decided within a period of one month and resultantly the applicant is facing unwarranted hardship. It was submitted that in view of these facts, a direction may be issued to the Court below to decide the said case within fixed time.

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In view of aforesaid, the District Magistrate, Banda is directed to consider and decide the above stated objections of applicant

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submitted in Case No. 00099 of 2021 (State vs. Pappu Nishad @ Vidhayak), under Section 14(1) Gangster Act, Case Crime No. 55 of 2021, under Section 2/3 of Gangster Act, P.S. Kotwali Nagar, District Banda expeditiously, preferably within a period of one month from the date of filing of certified copy of this order before the Court concerned, provided there is no legal impediment in.

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The instant application is disposed off accordingly.

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Order Date :- 19.5.2022 A. Tripathi

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Digitally signed by AKHILESH TRIPATHI Date: 2022.05.23 11:31:47 IST Reason: Location: High Court of Judicature at Allahabad

Pappu Nishad @ Vidhayak v. State of U.P.and Another

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Pappu Nishad @ Vidhayak v. State of U.P.and Another

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