Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2406 of 2021 Petitioner :- Ram Briksha Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashank Kumar,Chandra Bhushan Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
1. It is stated that looking to the pandemic the report is not received as called for by this Court.
2. We have heard learned A.G.A. and perused the record.
3. Learned counsel for the petitioner has not joined us though the phone number was also made available to him.
4. Looking to the factual scenario, it appears that there is one case registered against the accused-petitioner way back in the year 2018 where the allegations is that at night the police party recognised the petitioner to be indulging in what can be said an offence under the Cow Slaughter Act.
5. Thereafter it appears that a notice under the Gangsters Act came to be slapped in the year 2020 and after perusal of the petition it seems that only one case under Cow Slaughter Act was registered against the accused and the accused is not apprehended but he was said to be running away leaving the cattle in the vehicle.
6. We have shown our indulgence as we find that without hearing the petition only on slapping of Gangsters Act in the year 2020, his house has been attached by the impugned order dated 25.1.2021 which has continued for a period of three months under challenge and shows high handed action in attachment of the property even without hearing the petitioner.
7. The notice issued and the proceedings may go on, petitioner may reply to the notice as expeditiously as possible and after hearing the objection as well as the accused, the same to be decided.
9. The petition is partly allowed to the aforesaid extent.
Order Date :- 5.5.2021 A.N. Mishra