Mohd. Raeesh v. State of U.P Thru. Addil Chief Secy. Home Govt. Lko. and 2 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8963 of 2023 Petitioner :- Mohd. Raeesh Respondent :- State Of U.P Thru. Addil Chief Secy. Home Govt. Lko. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by the District Magistrate, Raebareli wherein it has been stated that the petitioner's property has been attached under Section 14(1) of the U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986 on 08.09.2022. The petitioner has submitted his representation against the same on 22.09.2022. The date was fixed for personal hearing to the petitioner as 12.12.2022, but the petitioner and his Advocate did not appear, however, not the next date fixed in the matter is 19.12.2023.

¶2This Court has perused the order sheet, it appears that when the writ petition was taken up fresh on 23.11.2023, learned A.G.A. for the State Respondents was granted time to seek instructions as the order impugned was more then an year old and dated 08.09.2022. When the matter was next listed on

05.12.2023, learned counsel for the petitioner had sent an illness slip, and again on 12.12.2023 when the matter was listed, learned counsel for the petitioner had not appeared.

¶3The written instructions are kept on record.

¶4This writ petition is disposed of clarifying that there is no interim order granted by this Court against Provisional Order of Attachment, the District Magistrate is free to pass orders strictly in accordance with law. Order Date :- 19.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench