Disposed

Ajay Kumar v. State of U.P. and 6 Others

Allahabad HC14 Jul 2023CRLP/19632/2022

Case brief

AI extract

What is this about?

The petitioner sought directions to enforce an order attaching disputed property under Section 146(1) Cr.P.C. The Court directed the Sub-Divisional Magistrate to decide the matter on merit within two months. The property remains under attachment. The petition was disposed of.

What did the court decide?

Direction to SDM to decide case on merit within two months; property remains under attachment.

Ajay Kumar Vs State of U.P. and 6 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:139777

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19632 of 2022

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Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jai Prakash Prasad,Anil Kumar,Savan Kumar

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Counsel for Respondent :- G.A.,Satish Chandra Tiwari

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for petitioner, learned counsel for respondent no. 7 as well as learned A.G.A. for State and perused the record.

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This Criminal Petition has been filed by the petitioner with prayer to direct the respondent no. 6 to attach the disputed house situated at Mauja Baraiharakh, Police Station Holagarh, Tehsil Soraon, District Prayagraj and give in the custody of believable and reputed person in pursuance to the order dated 29.10.2022 passed by Sub-Divisional Magistrate, Soraon in Case No. T202202030311490 of 2022 under Section 146(1) Cr.P.C. within stipulated time.

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It is submitted that in this case the petitioner and opposite party no. 7 are nephew and uncle. There was dispute relating to the house regarding which a report was submitted by Inspector, Police Station Holagarh on 15.10.2022 to Sub-Divisional Magistrate that there was possibility of breach of peace in relation to the possession of the house as a result, show cause notice was issued by learned S.D.M. under Section 145(1) Cr.P.C. on 29.10.2022 thereafter on the same day an order under Section 146(1) Cr.P.C. was also passed to attach the property and the Inspector was directed to comply the order and also to hand over the property in possession of some other person. Against these orders this petition has been filed before this Court. Further submitted that though the order under Section 146(1) Cr.P.C. was passed by the learned S.D.M. but its compliance could not be ensured till now, therefore, direction be given to him to implement the order dated 29.10.2022 passed under Section 146(1) within stipulated time by giving property in the custody of some believable and reputed person.

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Learned counsel for respondent no. 7 as well as learned A.G.A. opposed the prayer and urged that in this case, learned S.D.M.

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passed the order under Sections 145(1) and 146(1) Cr.P.C. for attachment and direction was made to the inspector concerned to implement the order, therefore, no such direction is required in this case except the compliance to be ensured by the learned S.D.M.

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Learned counsel for respondent no. 7 further urged that he has already filed a criminal revision no. 498 of 2022 before the learned Sessions Court against the order passed by the learned S.D.M. under Section 146(1) Cr.P.C. for attachment and giving property in the custody of some believable and reputed person, therefore, the prayer as made by the petitioner is not tenable.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. for the State and order passed by the learned S.D.M. under Section 146(1) Cr.P.C. it is expedient to direct the learned S.D.M. to decide the case on merit after hearing both the parties within a period of two months from today in accordance with law without granting any unnecessary adjournment to either of the parties. In the meantime, the property will remain under attachment in terms of order passed by him under Section 146(1) Cr.P.C.

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Accordingly, the present petition is disposed of finally.

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Order Date :- 14.7.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Ajay Kumar v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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