Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3682 of 2021 Petitioner :- Chandra Pal, Pradhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam,Jitendra Rana Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioner and learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners with a prayer to issue writ, order or direction in the nature of certiorari for quashing the impugned attachment order dated 05.07.2020 in Case No. 12 of 2020 under Section 14 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 (State Vs. Chandra Pal Pradhan) with a further prayer to direct the respondent no. 2 to release Vehicle Swaraj Majda Mini-Bus Registration No. UP 17T 8613 in favour of the petitioner.
Learned A.G.A. has pointed out that vide Government order dated 13.01.2020, Police Commissioner shall apply the power of Executive Magistrate, Additional District Magistrate and District Magistrate in respect of district Lucknow City and Gautam Budh Nagar. This matter relates to district Gautam Budh Nagar. In this case, Police Commissioner has passed attachment order dated 05.07.2020 in Case No. 12 of 2020 under Section 14 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The petitioner has an opportunity to file representation before the Police Commissioner concerned under Section 15(1) of the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986. Therefore, against the attachment order, the present writ is not maintainable.
In this regard, learned counsel for the petitioner has pointed out that for release of vehicle, petitioner has filed representation before the Police Commissioner after attachment order dated 05.07.2020 on 03.10.2020, which is still pending before the Police Commissioner and he has not decided the representation of the petitioner till date.
Although the representation of the petitioner is said to be pending before the Police Commissioner concerned to release the vehicle under Section 15(1) of the U.P. Gangsters and Anti- social Activities (Prevention) Act, 1986. Police Commissioner concerned is directed to dispose of the representation of the petitioner, if any, within a period of one month from the date of production of copy of this order.
With the aforesaid direction, this writ petition is finally disposed of.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.
Order Date :- 21.5.2021 Priya Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:01:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:02:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad