Court No. - 49
Case :- APPLICATION U/S 482 No. - 26391 of 2018 Applicant :- Ramdhari Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 04.07.2018 passed by the Judicial Magistrate, Court No. 1, Disrict- Azamgarh under proceeding 82 Cr.P.C. in Case Crime No. 63 of 2017, under Sections- 366, 376-D, 504, 506 I.P.C., Police Station- Atrauliya, District- Azamgarh.
3. Upon instructions received, Sri Vikas Goswami, leanred AGA states that at present, prima facie it does appear that the property that has been subjected to the process of attachment does belong to the present applicant (Ramdhari) and his brother Ramjeet.
4. He fairly states that at present, the prosecuting agency does not have any material to believe that the accused also has any right in that property.
5. Considering the above, the single word order 'swekrit' passed by the learned Magistrate dated 04.07.2018 on the application filed by the prosecution seeking attachment of the applicant's property is hereby set aside.
6. It is left open to the prosecuting agency to collect such other and further material with respect to the properties of the accused and to proceed against the same, in accordance with law.
7. In view of the above, present application is allowed.
Order Date :- 5.9.2018 Abhilash