Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7617 of 2021 Petitioner :- Subham Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Singh Yadav,Pankaj Singh,Varun Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and Shri Arunendra Kumar Singh, learned AGA.
Present writ petition has been preferred assailing the validity of the order dated 04.09.2020 passed by second respondent i.e. District Magistrate, Kanpur Nagar in Case No.01 of 2020 (State v. Jaikant Bajpai & Ors.) under Section 14 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 P.S. Armapur, Distt. Kanpur Nagar in respect of premises of the petitioner i.e. Duplex No.D-3, Plot No.261 E-Block Yojna No.40, Panki, Distt. Kanpur Nagar; for a direction to second respondent to release the aforesaid premises in favour of the petitioner forthwith and for a further direction to second respondent to decide the release application of the petitioner dated 13.1.2021 within stipulated period.
At the very outset, learned AGA has raised preliminary objection regarding the maintainability of the writ petition on the ground that admittedly in response to the order dated 4.9.2020 the property in question has been attached. Consequently, the petitioner has also filed application dated 13.1.2021 for release of the said property. As per the ordersheet it is admitted that the proceedings are still pending consideration. Therefore, at this stage, no interference is required in the matter.
The Court has proceeding to examine the record in question and find that against the attachment order the petitioner has filed an objection. From the ordersheet this much is reflected that proceeding are still pending consideration and day to day hearing is going on.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the second respondent i.e. District Magistrate, Kanpur Nagar to finalise the proceeding in question in accordance with law expeditiously and preferably within six weeks from the date of production of copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 SP/