Case :- CRIMINAL MISC. WRIT PETITION No. - 5830 of 2021 Petitioner :- Mrs. Neetu Bhati And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Mohan Kant Baghel,Kuldeep Singh Chahar
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
The petitioners feeling aggrieved by order of attachment dated 22.6.2021, passed by Police Commissioner, Gautam Budh Nagar, in exercise of power under Section 14 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, have filed the instant writ petition.
The order of attachment clearly states that in case any person is aggrieved by the said order, it shall be open to him to file his representation within 90 days, failing which the matter shall be sent to court as provided under Section 16 of the Act.
Counsel for the petitioners submitted that the petitioners are co- owners of the property and the same has been wrongly attached.
Section 15 of the Act permits claimant of any property which is attached under Section 14 to file representation within three months, challenging the attachment and in case the District Magistrate is satisfied about the genuineness of the claim, he shall forthwith release the property from attachment.
The petitioners thus have efficacious remedy available under the Act itself.
Learned counsel for the petitioners states that the petitioners will file their representation under Section 15 of the Act within prescribed statutory period. He submitted that the same be directed to be decided within a fixed time frame.
Accordingly, the writ petition is disposed of with liberty to the petitioners to file representation as contemplated under Section 15 of the Act. In the event any such representation is filed, along with a true attested copy of the instant order, the same shall be decided by District Magistrate within next six weeks.
Order Date :- 13.8.2021 Jaideep/-
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Digitally signed by Manoj Kumar Gupta Date: 2021.08.13 15:10:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by MOHAMMAD ASLAM Date: 2021.08.13 15:13:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad