Meraj Ahamad vs State of U.P. Thru. Prin. Secy. Home Lko and Another

"(i) quash the impugned order dated 07-01-2025 (contained as Annexure No.1 to this petition) passed by the learned District & Sessions Judge, Sultanpur in S.T. No.1745/2023 rejecting the application for release of property of the applicant U/s82/83 Cr.P.C. in the interest of justice, and order the release of articles prayed to be released by the applicant in his application moved before the District and Sessions Judge, Sultanpur; direct the Opposite Party No. I not to restrain the applicant and his family members from entering House No.281A, Village- Lolepur, District Sultanpur as it is their ancestral property, not belonging to the absconding accused; (iii) direct the release of property of the applicant mentioned in his application moved before the learned District & Sessions Judge, Sultanpur (contained as Annexure No.6 to this petition); (iv) direct the learned court below not to impose any arbitrary surety for the release of the above-mentioned property;

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(v) pass any appropriate order for modification of the impugned order dated 07-01-2025 (contained as Annexure No.1 to this petition) so as to remove the condition of surety for

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A482 No. 1993 of 2025

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release of the articles mentioned in impugned order dated 0701-2025.

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(vi) Pass any appropriate order directing the Opposite Party No.1 to remove the articles seized by the police vide seizure memos dated 20-08-2023, 21-08-2023, 22-08-2023 and 23-082023 from the House No.281A, Village Lolepur, District Sultanpur and take them away from the house so that the house can be used by the applicant and his family members.

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(vii) pass any such other order or direction just and suitable order in favour of the applicant, which this Hon'ble Court deems fit, just and proper in the circumstances of the case in the interest of justice."

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2. Learned counsel for the applicant has submitted that the F.I.R. dated 7.8.2023 under Section 147, 148, 149, 307, 302, 120-B IPC and Section 7 of the Criminal Law (Amendment)Act 1932 was lodged by the Respondent No.2 against the applicant and another co-accused, the brother of the applicant.

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3. It is further submitted that the applicant was not named in the F.I.R. though co-accused i.e. his brother was named in the F.I.R.

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4. Learned counsel for the applicant has further submitted that the order of attachment has been passed on 11.08.2023 by the Chief Judicial Magistrate on non-appearance of co-accused Siraj Ahamad and it has specifically been provided in the said order that only the properties in the name of accused, namely, Siraj Ahamad will be attached and no other property either in the name of other person or joint family property will be attached.

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5. It is further submitted that the police has attached all the house hold goods available in the ancestral house and total 163 articles enclosing doors and windows of the ancestral house have been attached and by attaching those things the police is not permitting the applicant and his other family members to enter in the premises i.e. the ancestral house which is not registered in the name of Siraj Ahamad.

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6. It is further submitted that the applicant who is also an

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accused in the above mentioned case and after he was enlarged on bail, he moved an application for release of 101 articles and for some of the items the applicant has also enclosed the receipts. On the said application an order was passed on 7.1.2025 by the Session Judge, Sultanpur releasing one cylinder with regulator, one TV, one Air Cooler, one Washing Matching, One Air Conditioner with Stabilizer after giving the sureties of Rs.1,00,000/-. The applicant has also enclosed the receipt in his name regarding five ceiling fans but the same was not released.

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7. It is further submitted that while attaching the doors and windows of the ancestral house, the police had removed the doors and windows of the ancestral house.

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8. It is further submitted that due to action on the part of the police, who are not permitting the applicant and his family members to enter into the ancestral house, which is not attached by the order of attachment passed by the Chief Judicial Magistrate is illegal.

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9. At this stage, learned A.G.A. prays for and is granted a week's time to seek instruction in the matter whether the applicant and his family members are permitted to reside in the ancestral house or not and also to seek instructions as to whether the property and daily items not belonging to the coaccused have also been attached.

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10. List this case in the week commencing 15.04.2025, as fresh."

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Learned counsel for the applicant submitted that the applicant was falsely implicated in the crime in question.

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As per the prosecution case, main suspect of the crime is real brother of the applicant, namely, Siraj. As all the brothers were residing in the ancestral house jointly, and order under Section 82/83, Cr.P.C. was passed by the competent court on the application of investigating officer on 19th August, 2023, as a result, Attachment proceeding under Section 83 Cr.P.C. was done on 20.08.2023, 21.08.2023, 22.08.2023 and 23.08.2023 under the leadership of Circle Officer, Lambhua, Sitapur,

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namely, Sri Abdul Salam Khan, alongwith other police personnel, and despite a clear direction of the Chief Judicial Magistrate, Sultanpur, dated 19th August, 2023, that only individual property of Siraj would be attached and no action will be taken in relation to a property, which was in the joint name of the family members, the police team had taken away school-books of the children of the applicant as well as other household articles. In the memo prepared on 22.08.2023, window and doors were also taken away and now the house in question is not in condition to reside. He further submitted that the police officers are also restraining the applicant to reside in the House No. 281A, Village Lolepur, District Sultanpur, which is ancestral house.

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Learned A.G.A. placed written instructions dated 14.04.2025 issued by the Station House Officer and informed that co-accused Siraj is absconding, therefore, trial is held up.

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In response to the same, counsel for the applicant submitted that trial of the case in question in relation to the applicant and other accused persons have already been separated and trial is going on and four witnesses have already been examined. He further submitted that the applicant is residing in rented accommodation.

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List this case on 18.11.2025 .

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By the next date of listing, Circle Officer of the concerned Police Station is directed to file a comprehensive affidavit and explain therein that why the order passed by the learned Chief Judicial Magistrate on 19.08.2023 was not complied with in letter and spirit.

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In case comprehensive counter-affidavit is not filed by the Circle Officer, he will appear, in person, before this Court.

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On the next date, relevant videography be also placed before this court.

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(Rajeev Singh,J.)

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October 27, 2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Meraj Ahamad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Meraj Ahamad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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