Court No. - 25
Case :- U/S 482/378/407 No. - 3550 of 2015
Applicant :- Bano Nisha
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- Amerendra Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aditya Nath Mittal,J.
Heard learned counsel for the petitioner, learned Additional Government
Advocate and perused the record.
This petition has been filed against the order dated 11.06.2015 by which the
application for release of the attached property has been rejected.
Learned counsel for the petitioner has submitted that the accused-persons are
sons and daughters of the petitioner and the house hold items have been
attached by the order passed under Section 83 Cr.P.C. It has also been
submitted that the learned court below has wrongly rejected the application
for release of the attached property.
Learned Additional Government Advocate has defended the impugned order.
In the present petition, the alleged application moved for release of the goods
has not been filed to show that the petitioner is claiming any of the property as
her own. Learned court below has specifically mentioned in the order dated
11.06.2015 that the said items belong to the accused-persons and the accused-
persons have not appeared till now. The application has been rejected on the
ground that the property cannot be released in favour of third party unless the
accused-persons appear and move application for release of the property.
Perusal of the impugned order reveals that the learned court below has
considered all aspects of the matter in detail and it is not alleged that the said
attached properties are the exclusive property of the petitioner.
In view of the above, the petition is misconceived, deserves to be dismissed.
The petition is, therefore, dismissed.
Order Date :- 29.7.2015
Suresh/
Neutral Citation No. - 2015:AHC-LKO:11391