Disposed¶23

Amarjeet Singh and Another v. State of U.P. and Another

Allahabad HC3 Apr 2025CRLP/5780/2025

Case brief

AI extract

What is this about?

U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986; Section 14(1) order of District Magistrate, Rampur (Case No.1201 of 2022); release of seized vehicle; underlying Section 3(1) proceedings quashed on 30.07.2024 via Section 482 Cr.P.C application (Palvinder Singh v. State of U.P.); coordinate Bench disposal order 03.04.2025; Trial Court/Special Judge (UP Gangster Act) directed to release vehicle forthwith; AGA suggestion of appeal under Section 16(1) Gangster Rules, 2021; writ disposed 21.05.2025.

What did the court decide?

Writ petition disposed of; the coordinate Bench directions of 3.4.2025 modified so that the Trial Court releases the petitioners' vehicle forthwith. ¶23

Amarjeet Singh and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5780 of 2025 Petitioner :- Amarjeet Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Subhash Chandra Pandey Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

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Heard learned counsel for the petitioner and the learned AGA for State.

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Present writ petition has been preferred for quashing the impugned order dated 23.7.2024 passed by District Magistrate, Rampur in Case No.1201 of 2022, Computer Case No. D202213590001201, under Section 14(1) of Uttar Pradesh Gangster and Anti-Social Activities ( Prevention ) Act, 1986 and for a direction to respondents to release the vehicles of the petitioner.

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Coordinate Bench of this Court vide order dated 3.4.2025 has proceeded to pass the following order:

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" Heard learned counsel for the petitioners and learned A.G.A for the State.

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The petitioners have approached this court praying for following reliefs :-

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"(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 23.07.2024 passed by District Magistrate, Rampur in Case No. 1201 of 2022, Computer Case No. D202213590001201 under Section 14(1) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986.

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(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to release the vehicles of the petitioners."

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Learned counsel for the petitioners submits that the proceedings under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act against petitioners has already been quashed by this court by the order dated 30.07.2024 passed by this court in Application U/S 482 Cr.P.C No. 24275 of 2024. Therefore, the proceedings under Section 14(1) of the Act aforesaid is not in accordance with law.

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The petitioners have already represented before the District Magistrate, Rampur in this regard for release of their vehicle but no orders have been passed. In the meantime, the order of the High Court noted above has been passed.

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The petition is disposed of directing the petitioners to file certified copy of the order passed by this court on 30.07.2024 before the court of District Magistrate, Rampur and make prayer for release of their vehicle on the ground that original proceedings have already been quashed.

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In case such an application is made by the petitioners within period of one week from today the same shall be decided within ten days thereafter by the District Magistrate, Rampur and a copy of order passed by District Magistrate, Rampur shall be sent to this court along with an affidavit

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of any competent Officer of the District Magistrate, Rampur.

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In case of failure of compliance of this order, District Magistrate, Rampur shall be present before this court on the next date fixed.

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Put up this case as a fresh case on 22.04.2025 before appropriate Bench."

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In response to the order dated 3.4.2025 compliance affidavit is already on record.

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Learned AGA for State submits that the entire original file of the said case has already been sent to the Trial Court / Special Judge ( UP Gangster Act), District Rampur on 25.7.2024.

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In this backdrop, learned AGA for State has submitted that the petitioners can seek relief by appealing to the competent Court under Section 16(1) of the U.P. Gangster and Anti Social Activities ( Prevention) Rules, 2021.

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Learned counsel for the petitioners submit that the order dated 3.4.2025 passed by Division Bench of this Court has not been placed before the competent Court.

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Considering the compliance affidavit, we find that once the proceedings is already set aside on 30.7.2024 in Application u/s 482 No.24257 of 2024 ( Palvinder Singh Vs. State of U.P. and another) , therefore, the subsequent proceeding without challenge to the order dated 30.7.2025, is unsustainable.

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Let the order be placed before the Trial Court in the light of observations made on 3.4.2025 it is directed the same is modified to the extent that the Trial Court is directed to release the vehicle forthwith.

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With the aforesaid observations, this writ petition is disposed off.

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(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

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Order Date :- 21.5.2025/Mukesh

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Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Amarjeet Singh and Another v. State of U.P. and Another

Case brief

What is this about?

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Amarjeet Singh and Another v. State of U.P. and Another

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