Allahabad High Court
MANOJversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is not maintainable and is dismissed.
Summary
Manoj filed a criminal miscellaneous writ petition challenging an order dated 25‑01‑2021 passed by the District Magistrate of Farrukhabad under Section 14(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The petitioner did not raise any objection to the order concerning the release of property. The Court observed that under Section 16(1) of the same Act, where the property is not released within the stipulated time or no objection is filed, the Magistrate must refer the matter with a report to the competent trial court, and that the matter is therefore pending before that court. Accordingly, the petitioner still has the remedy of filing a response before the concerned court, rendering the writ petition non‑maintainable. The High Court dismissed the petition.
Issues considered
- Whether the writ petition challenging the order under Section 14(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 is maintainable when no objection has been filed
- Whether the petitioner must approach the trial court under Section 16(1) of the Act, making the writ petition barred
Legislation cited
Subjects
- writ petition
- Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act
- Section 14
- Section 16
- property release
- maintainability
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21570 of 2026
Manoj
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Basu Dev, Mukesh Kumar
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioner and learned AGA for the State-
respondent nos. 1, 2 & 3.
2. The present writ petition has been filed challenging the order dated
25.01.2021 passed by the District Magistrate, Farrukhabad under Section
14(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention)
Act, 1986.
3. It appears that the petitioner has not filed any objection to the said order.
4. In any case, if the property is not released within the time specified in the
Act, 1986 or objections have not been filed, the District Magistrate under
Section 16(1) of the Act of 1986 is enjoined to refer the matter with his
report to the court having jurisdiction to try the offence under the Act, 1986,
5. It is apparent that, at present, the matter must be pending pending before
the court.
6. In view of the aforesaid, the petitioner has the remedy to file his response
before the concerned court and the present petition is not maintainable.
7. Accordingly, the present writ petition is dismissed.
September 23, 2026
Rama Kant
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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