Mohammad Yahaya Vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2025)

Mohammad Yahaya Vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Setting aside of the orders of the Additional Session Judge/F.T.C.-II, Gonda and the Judicial Magistrate, Gonda, and release of the petitioner's shop/premises on certain terms and conditions as may be prescribed by the learned court concerned.

Issue for consideration

Whether the judgment and order dated 22.07.2024 of the Additional Session Judge/F.T.C.-II, Gonda in Criminal Revision No. 207/2024 and the order dated 18.04.2024 of the Second Judicial Magistrate, Gonda rejecting release of the petitioner's shop are liable to be quashed, so that the premises may be released to the petitioner. +1 more

Court's answer

This petition is allowed and the orders passed by learned Additional Session Judge/F.T.C.-II, Gonda dated 18.04.2024 and learned Judicial Magistrate, Gonda dated 22.07.2024 are hereby set aside (note: para 14 attributes the dates in reverse order compared to para 8; reproduced as printed in para 14).

Ratio / Principle

Rejection of an application for release of the premises on the ground of the possibility that the applicant will continue the same profession cannot be said to be sound.

Key takeaways

The said premise shall be released in favour of the petitioner on certain terms and conditions as may be prescribed by the learned court concerned.ratio¶15

Detailed headnote1 paragraphs

MATTERS UNDER ARTICLE 227 No. 3942 of 2024 — High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Subhash Chandra Sharma, J.), Order Date 28.1.2025. A medical store said to be operated without licence was sealed by the Additional C.M.O.; F.I.R./Case Crime No. 322 of 2022 under Sections 419/420 I.P.C. and 19A/15(3) India Medical Council Act, 1956 was registered; the recovered medicines were taken into custody, and the shop — owned by petitioner Mohammad Yahaya, father of the accused Ajmal (who had been released on bail) and part of residential accommodation — remained sealed under attachment. The Second Judicial Magistrate, Gonda rejected the application for release of the premises, and Criminal Revision No. 207/2024 before the Additional Session Judge/F.T.C.-II, Gonda (judgment and order dated 22.07.2024, per para 8) was likewise dismissed on the stated basis that the applicant would again continue the medical shop. Holding that rejection of a release application on the mere possibility of continuing the same profession cannot be said to be sound, the Court allowed the petition, set aside both orders, and directed that the premises be released to the petitioner on terms and conditions to be prescribed by the learned court concerned. (Internal inconsistency: the set-aside clause in para 14 transposes the two dates vis-a-vis para 8.)

Neutral Citation No. - 2025:AHC-LKO:5785

Court No. - 14

Case :- MATTERS UNDER ARTICLE 227 No. - 3942 of 2024

Petitioner :- Mohammad Yahaya Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Petitioner :- Abhishek Misra Counsel for Respondent :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Counter affidavit filed today by learned A.G.A. for the State is taken on record.

Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.

This petition has been filed with a prayer to allow this petition and quash the judgment and order dated 22.07.2024 passed by learned Additional Session Judge/F.T.C.-II, Gonda in Criminal Revision No. 207/2024 and the order dated 18.04.2024 passed by learned Second Judicial Magistrate, Gonda on the application preferred by the petitioner for the release of shop owned by the petitioner and learned court below may be directed to release the shop in question in favour of petitioner.

It is submitted by learned counsel for the petitioner that in this case medical store said to be operated without any license was sealed by Additional C.M.O. and F.I.R. No./Case Crime No. 322 of 2022 under Sections 419/420 I.P.C. and 19A/15(3) India Medical Council Act, 1956 was got registered. It is further submitted that the medicines those were said to be recovered from the medical shop were taken into custody by the authority and the shop was sealed. Now, the accused Ajmal has been released on bail even though his shop that is owned by his father and part of his residential accommodation is sealed under attachment though there is no any provision either in I.P.C. or in the Indian Medical Council Act to attach the shop or residential accommodation.

It is also submitted that father of Ajmal moved an application for the release of the premise but it was rejected by learned court concerned against which revision was preferred which was also dismissed only on the basis that in case, premise (father of the accused) is released he will again continue the medical shop which is totally erroneous.

It is further submitted that since the order passed by learned Magistrate as well as the learned revisional court is against the provisions of law, therefore, it is liable to be set aside and the premise be released in favour of the petitioner.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and perusal of record and the orders passed by learned Judicial Magistrate, Gonda as well as learned Additional Session Judge/F.T.C.-II, Gonda, it appears that the application was rejected on the ground that if the premise is released the applicant (father of the accused) will continue the profession but the rejection of application for release on the ground of possibility of continuing same profession cannot be said to be sound.

Accordingly, this petition is allowed and the orders passed by learned Additional Session Judge/F.T.C.-II, Gonda dated 18.04.2024 and learned Judicial Magistrate, Gonda dated 22.07.2024 are hereby set aside.

The said premise be released in favour of the petitioner on certain terms and conditions as may be prescribed by the learned court concerned.

Order Date :- 28.1.2025 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench