Allowed
Musheer Ahmad and 3 Others v. State of U.P. and 3 Others
Allahabad HCCRLP/9377/2023
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No. - 2023:AHC:129987 Court No. - 80 Case :-…
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No. - 2023:AHC:129987 Court No. - 80 Case :-…
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Neutral Citation No. - 2023:AHC:129987
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 9377 of 2023
Petitioner :- Musheer Ahmad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azim Ahmad Kazmi Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for petitioners, learned A.G.A. for State and perused the record.
This writ petition has been moved by petitioners with prayer to issue a writ, order or direction to the nature of certiorari to quash the notice dated 21.4.2023 issued by the opposite party no. 3 in Case No. T202312070/06060.
It is submitted by learned counsel for petitioners that petitioner nos. 2 to 4 are sons of Late Riyazuddin who owned a house. A police report dated 20.4.2023 was submitted by the Station House Officer, Musajhag District Budaun to S.D.M. for attaching the house of Riyazuddin who was dead at the time of submission of aforesaid report. Further submitted that in the report it was mentioned by the Station House Officer that the people of Muslim Community tried to cite Namaz in the house of Riyazuddin which was opposed by the villagers and inconvenience was also created to them while passing through a public way which amounted to nuisance and request was made to take necessary action under Section 133 Cr.P.C. On the basis of aforesaid report without applying mind the Sub-Divisional Magistrate passed the order under Section 133(1) Cr.P.C. against the dead person Riyazuddin for filling objection on 27.4.2023 at 11.00 o'clock by appearing in his court and also directed the Station House Officer to attach the house in dispute vide order dated 21.4.2023 which is totally unlawful because no criminal proceeding can be initiated against dead person, therefore, request to quash the aforesaid proceeding and notice issued under Section 133(1) Cr.P.C.
Learned A.G.A. opposed the prayer but could not dispute the fact that criminal proceedings cannot be initiated against dead person.
On considering the facts and circumstances of the case,
submissions made by learned counsel for petitioners as well as learned A.G.A. and perusal of record, it appears that as per death certificate issued by concerned Authority, the death of Riyazuddin occurred on 2.1.2023 and notice has been issued against him later on which cannot be said to be lawful because criminal proceedings cannot be initiated against dead person. In this way, proceeding initiated against Riyazuddin by passing an order on the police report dated 20.4.2023 by Sub Divisional Magistrate being illegal cannot sustain in the eyes of law, as a result the present petition is allowed and order dated 21.4.2023 is hereby set aside.
Order Date :- 3.7.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
Musheer Ahmad And 3 Others
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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