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2021 Supreme(All) 1613

SURESH KUMAR GUPTA
Hakimuddin – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Riyaz

JUDGMENT :

SURESH KUMAR GUPTA,J.

1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the material available on record.

2. By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed following reliefs:-

    “(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 31.-07.2019 which is passed in Gangster Criminal Misc. Case No. 08/2018 bearing name Hakimuddin Vs. State of U.P. under Section 14

(1) U.P. Gangster Act by Additional District Judge, Court No. 10/Special Judge Gangster Act, District Sultanpur as well as order dated 25.07.2018 which is passed by District Magistrate District Amethi in Case No.00590/2018, under Section 14 (1) U.P. Gangster Act as contained in Annexure No. 1 and 2 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to 4 to release the seized vehicle No. U.P. 44 AA/7287 forthwith in favour of the petitioner.”

3. Brief facts of the case are as follows:

4. The S.H.O, Kothwali Amethi in his report dated 15.05.2018 has mentioned that the petitioner being a gang member had acquired several pro

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