Sunil Bhagat vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Sunil Bhagat vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive direction issued; the application was disposed of with the observation/direction that the applicant may approach the court concerned for compliance of the order dated 06.09.2025 of the Special Judge, Gangsters Act.

Issue for consideration

Whether this Court should direct the District Magistrate, Baghpat to release the attached property of the applicant in compliance with the order dated 06.09.2025 passed by the Special Judge, Gangsters Act, Baghpat.

Court's answer

Once an order has been passed and the opposite party fails to execute it, the remedy lies in filing an application before the court concerned for contempt/non-compliance.

Ratio / Principle

At this stage this Court cannot interfere in the jurisdiction of the Special Judge, Gangsters Act; the applicant is left free to approach the court concerned for compliance of the order.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikram D. Chauhan, J.; decision dated December 10, 2025) disposed of Application U/S 528 BNSS No. 45811 of 2025 (Sunil Bhagat v. State of U.P. and 3 others), in which the applicant sought a direction to the District Magistrate, Baghpat to release his property attached in Case No.574 of 2025 (State Vs. Sunil Bhagat) under Sections 14(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, arising out of Case Crime No.209 of 2022 under Sections 2/3 of the Act, Police Station Singhawali Ahir, District Baghpat, in compliance with the order dated 06.09.2025 passed by the Additional Sessions Judge/F.T.C.-Ist/Special Judge, Gangsters Act, Baghpat in Criminal Misc. Case No.141 of 2025; counsel submitted that the Special Judge had released the property but the District Magistrate had not complied. Held: (i) once an order has been passed and the opposite party fails to execute it, the remedy lies in filing an application before the court concerned for contempt/non-compliance; and (ii) at this stage the Court cannot interfere in the jurisdiction of the Special Judge, Gangsters Act, leaving it open to the applicant to approach the court concerned for compliance of the order. Application under Section 528 BNSS disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45811 of 2025

Sunil Bhagat	.....Applicant(s)
	Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Birendra Singh Khokher, Manu Verma
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

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

The present application has been filed with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the District Magistrate, Baghpat under supervisory jurisdiction to release the attached property of applicant attached in Case No.574 of 2025 (State Vs. Sunil Bhagat) under Sections 14(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Singhawali Ahir, District Baghpat in compliance of order dated 06.09.2025 passed by Additional Sessions Judge/F.T.C.-Ist/Special Judge, Gangsters Act, Baghpat in Criminal Misc. Case No.141 of 2025 arising out of Case No.574 of 2025 (State Vs. Sunil Bhagat) under Section 14(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, arising out of Case Crime No.209 of 2022, under Section 2/3 U.P. Gangsters Act, Police Station Singhawali Ahir, District Baghpat."

It is submitted by learned counsel for applicant that by order dated 6.9.2025, the Special Judge, Gangsters Act, has released the property of the applicant, however, the District Magistrate, Baghpat has not complied with the order of the Special Judge.

It is to be seen that once the order has been passed and if the opposite party failed to execute the order of the court of law then the remedy lie to file an application before the court concerned for contempt/non compliance.

NA528 No. 45811 of 2025

2

At this stage, this Court cannot interfere in the jurisdiction of the Special Judge, Gangsters Act. However, leave it open for the applicant to approach the court concerned for compliance of the order.

With the aforesaid observation/direction, the application under Section 528 BNSS is disposed of.

(Vikram D. Chauhan,J.)

December 10, 2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad