Meraj Ahamad v. State Of U.P. Thru. Prin. Secy. Home Lko And Another

1. Heard learned counsel for the parties.

2. Counter affidavit filed by the learned AGA is taken on record.

3. Sri Sunil Kumar Singh, Circle Officer, Lambhua Sultanpur is present before this Court.

4. On 02.04.2025, following order was passed:- "1. The present application under Section 528 BNSS has been filed with the following reliefs: "(i) quash the impugned order dated 07-01-2025 (contained as Annexure No.1 to this petition) passed by the learned District & Sessions Judge, Sultanpur in S.T. No.1745/2023 rejecting the application for release of property of the applicant U/s- 82/83 Cr.P.C. in the interest of justice, and order the release of articles prayed to be released by the applicant in his application moved before the District and Sessions Judge, Sultanpur; direct the Opposite Party No. I not to restrain the applicant and his family members from entering House No.281A, Village- Lolepur, District Sultanpur as it is their ancestral property, not belonging to the absconding accused; (iii) direct the release of property of the applicant mentioned in his application moved before the learned District & Sessions Judge, Sultanpur (contained as Annexure No.6 to this petition); 2 A482 No. 1993 of 2025 (iv) direct the learned court below not to impose any arbitrary surety for the release of the above-mentioned property; (v) pass any appropriate order for modification of the impugned order dated 07-01- 2025 (contained as Annexure No.1 to this petition) so as to remove the condition of surety for release of the articles mentioned in impugned order dated 07-01-2025. (vi) Pass any appropriate order directing the Opposite Party No.1 to remove the articles seized by the police vide seizure memos dated 20-08-2023, 21-08-2023, 22- 08-2023 and 23-08-2023 from the House No.281A, Village Lolepur, District Sultanpur and take them away from the house so that the house can be used by the applicant and his family members. (vii) pass any such other order or direction just and suitable order in favour of the applicant, which this Hon'ble Court deems fit, just and proper in the circumstances of the case in the interest of justice."

2. Learned counsel for the applicant has submitted that the F.I.R. dated 7.8.2023 under Section 147, 148, 149, 307, 302, 120-B IPC and Section 7 of the Criminal Law (Amendment)Act 1932 was lodged by the Respondent No.2 against the applicant and another co-accused, the brother of the applicant.

3. It is further submitted that the applicant was not named in the F.I.R. though co- accused i.e. his brother was named in the F.I.R.

4. Learned counsel for the applicant has further submitted that the order of attachment has been passed on 11.08.2023 by the Chief Judicial Magistrate on non- appearance of co-accused Siraj Ahamad and it has specifically been provided in the said order that only the properties in the name of accused, namely, Siraj Ahamad will be attached and no other property either in the name of other person or joint family property will be attached.

5. It is further submitted that the police has attached all the house hold goods available in the ancestral house and total 163 articles enclosing doors and windows of the ancestral house have been attached and by attaching those things the police is not permitting the applicant and his other family members to enter in the premises i.e. the ancestral house which is not registered in the name of Siraj Ahamad.

6. It is further submitted that the applicant who is also an accused in the above 3 A482 No. 1993 of 2025 mentioned case and after he was enlarged on bail, he moved an application for release of 101 articles and for some of the items the applicant has also enclosed the receipts. On the said application an order was passed on 7.1.2025 by the Session Judge, Sultanpur releasing one cylinder with regulator, one TV, one Air Cooler, one Washing Matching, One Air Conditioner with Stabilizer after giving the sureties of Rs.1,00,000/-. The applicant has also enclosed the receipt in his name regarding five ceiling fans but the same was not released.

7. It is further submitted that while attaching the doors and windows of the ancestral house, the police had removed the doors and windows of the ancestral house.

8. It is further submitted that due to action on the part of the police, who are not permitting the applicant and his family members to enter into the ancestral house, which is not attached by the order of attachment passed by the Chief Judicial Magistrate is illegal.

9. At this stage, learned A.G.A. prays for and is granted a week's time to seek instruction in the matter whether the applicant and his family members are permitted to reside in the ancestral house or not and also to seek instructions as to whether the property and daily items not belonging to the co-accused have also been attached.

10. List this case in the week commencing 15.04.2025, as fresh. "

5. Counsel for the applicant submitted that in paragraph 32 of the counter affidavit, it is admitted that now police is not making any hindrance in peaceful living in the house in question of petitioner and other family members. But certain articles belong to the applicant as well as children of the applicant were also seized by the Police in pursuance of the order of the attachment related to the accused Siraj Ahmed, real brother of the applicant, the same may also be released.

6. Learned AGA does not dispute this fact that now Police is not interfering in the peaceful residence of the applicant and the premises in question is vacant and he has no objection in case the impugned order is set-aside by giving liberty to the trial Court for passing fresh order in relation to the release which belongs to the applicant.

7. Considering the submissions of the counsel for the parties and going 4 A482 No. 1993 of 2025 through the contents of the petition as well as the impugned order and paragraph 32 of the counter affidavit filed by the AGA in which it is mentioned that petitioner and other family members are not being restrained in the peaceful living of the house in question. It is also evident that certain articles which belongs to the children of the applicant as well as the applicant were also attached in pursuance of the attachment order passed against Siraj Ahmad, Accused who is the real brother of the applicant.

8. Therefore, this court is of the view that the impugned order passed by the learned Court below is hereby set-aside with a direction to the trial Court to pass fresh order relation to the release of articles which belongs to the petitioner.

9. Accordingly, the writ petition is disposed of. November 20, 2025 Anurag (Rajeev Singh,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the parties.

2. Counter affidavit filed by the learned AGA is taken on record.

3. Sri Sunil Kumar Singh, Circle Officer, Lambhua Sultanpur is present before this Court.

4. On 02.04.2025, following order was passed:- "1. The present application under Section 528 BNSS has been filed with the following reliefs: "(i) quash the impugned order dated 07-01-2025 (contained as Annexure No.1 to this petition) passed by the learned District & Sessions Judge, Sultanpur in S.T. No.1745/2023 rejecting the application for release of property of the applicant U/s- 82/83 Cr.P.C. in the interest of justice, and order the release of articles prayed to be released by the applicant in his application moved before the District and Sessions Judge, Sultanpur; direct the Opposite Party No. I not to restrain the applicant and his family members from entering House No.281A, Village- Lolepur, District Sultanpur as it is their ancestral property, not belonging to the absconding accused; (iii) direct the release of property of the applicant mentioned in his application moved before the learned District & Sessions Judge, Sultanpur (contained as Annexure No.6 to this petition); 2 A482 No. 1993 of 2025 (iv) direct the learned court below not to impose any arbitrary surety for the release of the above-mentioned property; (v) pass any appropriate order for modification of the impugned order dated 07-01- 2025 (contained as Annexure No.1 to this petition) so as to remove the condition of surety for release of the articles mentioned in impugned order dated 07-01-2025. (vi) Pass any appropriate order directing the Opposite Party No.1 to remove the articles seized by the police vide seizure memos dated 20-08-2023, 21-08-2023, 22- 08-2023 and 23-08-2023 from the House No.281A, Village Lolepur, District Sultanpur and take them away from the house so that the house can be used by the applicant and his family members. (vii) pass any such other order or direction just and suitable order in favour of the applicant, which this Hon'ble Court deems fit, just and proper in the circumstances of the case in the interest of justice."

2. Learned counsel for the applicant has submitted that the F.I.R. dated 7.8.2023 under Section 147, 148, 149, 307, 302, 120-B IPC and Section 7 of the Criminal Law (Amendment)Act 1932 was lodged by the Respondent No.2 against the applicant and another co-accused, the brother of the applicant.

3. It is further submitted that the applicant was not named in the F.I.R. though co- accused i.e. his brother was named in the F.I.R.

4. Learned counsel for the applicant has further submitted that the order of attachment has been passed on 11.08.2023 by the Chief Judicial Magistrate on non- appearance of co-accused Siraj Ahamad and it has specifically been provided in the said order that only the properties in the name of accused, namely, Siraj Ahamad will be attached and no other property either in the name of other person or joint family property will be attached.

5. It is further submitted that the police has attached all the house hold goods available in the ancestral house and total 163 articles enclosing doors and windows of the ancestral house have been attached and by attaching those things the police is not permitting the applicant and his other family members to enter in the premises i.e. the ancestral house which is not registered in the name of Siraj Ahamad.

6. It is further submitted that the applicant who is also an accused in the above 3 A482 No. 1993 of 2025 mentioned case and after he was enlarged on bail, he moved an application for release of 101 articles and for some of the items the applicant has also enclosed the receipts. On the said application an order was passed on 7.1.2025 by the Session Judge, Sultanpur releasing one cylinder with regulator, one TV, one Air Cooler, one Washing Matching, One Air Conditioner with Stabilizer after giving the sureties of Rs.1,00,000/-. The applicant has also enclosed the receipt in his name regarding five ceiling fans but the same was not released.

7. It is further submitted that while attaching the doors and windows of the ancestral house, the police had removed the doors and windows of the ancestral house.

8. It is further submitted that due to action on the part of the police, who are not permitting the applicant and his family members to enter into the ancestral house, which is not attached by the order of attachment passed by the Chief Judicial Magistrate is illegal.

9. At this stage, learned A.G.A. prays for and is granted a week's time to seek instruction in the matter whether the applicant and his family members are permitted to reside in the ancestral house or not and also to seek instructions as to whether the property and daily items not belonging to the co-accused have also been attached.

10. List this case in the week commencing 15.04.2025, as fresh. "

5. Counsel for the applicant submitted that in paragraph 32 of the counter affidavit, it is admitted that now police is not making any hindrance in peaceful living in the house in question of petitioner and other family members. But certain articles belong to the applicant as well as children of the applicant were also seized by the Police in pursuance of the order of the attachment related to the accused Siraj Ahmed, real brother of the applicant, the same may also be released.

6. Learned AGA does not dispute this fact that now Police is not interfering in the peaceful residence of the applicant and the premises in question is vacant and he has no objection in case the impugned order is set-aside by giving liberty to the trial Court for passing fresh order in relation to the release which belongs to the applicant.

7. Considering the submissions of the counsel for the parties and going 4 A482 No. 1993 of 2025 through the contents of the petition as well as the impugned order and paragraph 32 of the counter affidavit filed by the AGA in which it is mentioned that petitioner and other family members are not being restrained in the peaceful living of the house in question. It is also evident that certain articles which belongs to the children of the applicant as well as the applicant were also attached in pursuance of the attachment order passed against Siraj Ahmad, Accused who is the real brother of the applicant.

8. Therefore, this court is of the view that the impugned order passed by the learned Court below is hereby set-aside with a direction to the trial Court to pass fresh order relation to the release of articles which belongs to the petitioner.

9. Accordingly, the writ petition is disposed of. November 20, 2025 Anurag (Rajeev Singh,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench