Disposed

Jagannath v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC13 Mar 2024CRLA/837/2024

Case brief

AI extract

What is this about?

Hearing a criminal appeal challenging an order rejecting a release application under the Gangster Act, the court grants interim relief. The court stays the impugned order and restrains the state from auctioning or alienating the appellant's property pending final disposal.

What did the court decide?

Stay on the impugned order; restrain State from auctioning or alienating the appellant's property pending disposal of the appeal.

Jagannath vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 16

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Case :- CRIMINAL APPEAL No. - 837 of 2024

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Appellant :- Jagannath Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Appellant :- Santosh Kumar Kanaujia Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Santosh Kumar Kanaujia, learned Counsel for the appellant, Ms. Rafiya Farooqi, learned A.G.A. for the Staterespondent and perused the material placed on record.

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The instant Criminal Appeal under Section 18 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 has been filed on behalf of the appellant, namelyJagannath against the judgment and order dated 09.02.2024 passed by learned Additional District Judge, Court No.4/Special Judge (Gangster) Act, Lakhimpur Kheri, in Misc. Case No.03/2023, Jagannath vs. State of U.P. under Section 16(1) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Neemgavon, District-Lakhimpur Kheri, whereby learned trial court has rejected the release application of property paper No.3Ka of the appellant.

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Learned counsel for the appellant submits that the impugned orders were passed in violation of Section 14, 16 and 17 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and even the representation submitted by the appellant was also not considered by the learned District Magistrate, Lakhimpur Kheri as well as by the learned Additional District Judge, Court No.4/Special Judge (Gangster) Act, Lakhimpur Kheri. He further submits that the impugned orders have been passed without considering the material evidence on record and are bad in the eyes of law.

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In support of his arguments, learned counsel for the appellant relied upon the judgment passed by this Court in the case of Smt. Maina Devi versus State of U.P.; 2013(83) ACC 902, Smt. Shanti Devi wife of Sri Ram versus State of U.P.; 2007(2) ALJ 483 (All) and Rajbir Singh Tyagi Vs State of U.P. and Others; 2018 SCC Online AII 5986, Criminal Appeal No.2070 of 2021 (Najmi Begum vs. State of U.P. and Others); order dated 14.02.2023 and Criminal Appeal No.203 of 2023 (Waseem Khan vs. State of U.P. and Another); order dated 10.05.2023 and submits that this case is fully covered by the aforesaid judgments.

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Learned counsel for the appellant further submits that there is an apprehension that the property, which was attached, may be auctioned by the authorities concerned or the nature of the property may be changed. Thus, he prays for some interim relief.

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In view of the above, the matter requires consideration on fact and law both.

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Learned A.G.A. has accepted notice on behalf of the Staterespondent. She prays for and is granted four weeks' time to file counter affidavit.

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Rejoinder affidavit may also be filed within two weeks' thereafter.

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Put up this case on 24.05.2024.

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Till the next date of listing, the effect and operation of the impugned order dated 09.02.2024 passed by learned Additional District Judge, Court No.4/Special Judge (Gangster) Act, Lakhimpur Kheri, in Misc. Case No.03/2023, Jagannath vs. State of U.P. under Section 16(1) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, Police StationNeemgavon, District-Lakhimpur Kheri shall remain stayed in respect of the appellant and the State-respondent are restrained from auctioning or alienating the property of the appellant in pursuance of the aforesaid proceedings.

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Order Date :- 13.3.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Jagannath v. State of U.P. Thru. Prin. Secy. Home Lko.

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Jagannath v. State of U.P. Thru. Prin. Secy. Home Lko.

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