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2023 Supreme(All) 531

ABDUL MOIN
Sabira Begum – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Abhay Pratap Yadav, Shiv Kumar Yadav.

JUDGMENT :

ABDUL MOIN, J.

1. Heard learned counsel for the petitioner and Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the State-respondents.

2. In pursuance to the order dated 24.01.2023 original records have been produced by learned Additional Chief Standing Counsel and who has himself gone through the records.

3. After perusal of the record learned Additional Chief Standing Counsel states that there is no order or document on record per which the authority has recorded that the motorcycle recovered from the spot was used in committing the forest offence.

4. The aforesaid statement is recorded.

5. Instant petition has been filed praying for the following main reliefs:

    “(i) Issue a writ, order or direction in the nature of certiorari to set-aside the order dated 02.12.2021 in Appeal No. 03/81-2-2021-13G/2021 and order dated 04.03.2020 in Range Case No. 22/2019-2020 read with Confiscation Case No. 05/2019-2020 passed by opposite party no. 2 and 3 respectively which is annexed as Annexure No. 1 and 2 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to release the Motorcycle Royal Enfield UP-46-H-2760

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