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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Abdul Raqib @ Pehtul – Appellant
Versus
State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. – Respondent
| Table of Content |
|---|
| 1. applicants seek expedited resolution of pending cases. (Para 1) |
| 2. discussion on maintainability of applications under specific legal provisions. (Para 3 , 4 , 5) |
| 3. court examines relevant legal provisions and case law. (Para 6 , 7) |
| 4. clarification on the applicability of the law and the right to appeal. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. court directs expeditious resolution of pending cases. (Para 19 , 20) |
JUDGMENT :
Saurabh Lavania,J.
1. Heard Sri Avinash Singh Vishen, Advocate, who assisted the Court on being asked; Sri Sukhveer Singh, Advocate, learned counsel appearing for the applicant/Abdul Raqib @ Pehtul in APPLICATION U/S 483 No. 49 of 2025; Sri Sukh Deo Singh, learned counsel appearing for the applicant/Rashid Khan in APPLICATION U/S 483 No. 116 of 2025 and Sri Ajay Kumar Srivastava, learned AGA as well as Sri Badrul Hasan, learned AGA-I, who appeared for the State of U.P.
2. The applications have been preferred seeking following main relief(s):-
2.1. Main relief(s) sought in APPLICATION U/S 483 No. 49 of 2025.
"It is, therefore, most respectfully prayed that the case under section 16(1) of U.P. Gangster Act, 1986 is pending before the Lea
The court affirmed that appeals against orders under the U.P. Gangsters Act, particularly regarding property attachment, are maintainable, emphasizing the necessity for expeditious judicial processes....
An appeal against an order refusing to release attachment under Section 17 of the 1986 Act would be maintainable under Section 18 of the same Act.
power of the Court to hold an inquiry under section 16 on the reference made by the District Magistrate is not an empty formality, which has a purpose behind it.
The court emphasized that property cannot be attached under the U.P. Gangsters Act without reasonable belief based on evidence, reinforcing the necessity of following natural justice principles durin....
The court upheld the provisional attachment of properties under the Uttar Pradesh Gangster Act, emphasizing the petitioners' failure to prove lawful acquisition and the necessity of pursuing statutor....
The inherent powers under Section 482 Cr.P.C. cannot be invoked when a statutory remedy is available under Section 14-A of the SC/ST Act, emphasizing the primacy of statutory provisions in criminal p....
The main legal point established is that the attachment of property under the Gangster Act requires a formal inquiry to determine if the property was acquired through criminal activities, and the cou....
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