Allahabad High Court
Maqsood Ahmad vs State Of U.P. And Ors. on 7 January, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- U/S 482/378/407 No. - 2108 of 2020 Applicant :- Maqsood Ahmad Opposite Party :- State Of U.P. And Ors. Counsel for Applicant :- Ghulam Mohammad Kamil Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri G. M. Kamil, learned counsel for the applicant as well as learned A.G.A. for the State.
2. The grievance of the petitioner is that there are several criminal cases registered against his son Rukhsar Ahmad, namely,case crime Nos.411 of 2017 under Sections- 406, 420, 467, 468 and 471 IPC, 415/2017 under Sections 406, 420, 416/2017 under Sections 406, 420, 323, 506 IPC, 495 of 2017 under Sections 406, 420, 504 and 506 IPC, 656/2017 under Sections- 420, 406, 467, 468, 471, 323 of IPC, 660/2017 under Sections-420, 406, 467, 468, 471, 323, 504 IPC, 661/2017 under Sections- 420, 406, 467, 468, 471, 323, 504 IPC, 681/2017 under Sections 419, 420, 467, 468, 471, 406, 147, 323 and 304 of IPC, 808/2017 under Sections- 420, 406, 467, 468, 471 and 323 of IPC, 962 of 2017 under Sections 406, 420, 323, 504, 506 IPC, 1010/2017 under Sections 406, 420, 323,504, 506 of IPC , 1072/2017 under Sections-406, 420, 467, 468, 471 and 506 IPC, 1076/2017 under Sections- 147, 406, 420, 504, 506 IPC, 1077/2017 under Sections 147, 406, 420, 504 and 506 IPC, 1088/2017 under Sections- 406, 420, 506 IPC, 42/2018 under Sections- 420, 406, 467, 468, 471 of IPC, 246/2018 under Sections 420, 406, 323, 504 IPC and 716 of 2018 under Sections- 406, 504, 506 IPC all registered at police station Ghazipur, District Lucknow and he is absconding due to which the police is harassing the applicant.
3. It has been further submitted that Rukhsar Ahmad son of the applicant is not traceable and despite various efforts made by the police they have not been able to apprehend him. In view of above facts and circumstances they have no other recourse left except to proceed under Chapter 6 Part C by issuing proclamation notice against accused Rukhsar Ahmad.
4. It has further been submitted that the police has approached the concerned Magistrate for issuing notice under Section 82 Cr.P.C. and is further proceeding under Section 83 Cr.P.C. to attach the properties which, in fact, belong to the applicant. He further submits that in case any further proceedings in this regard are taken then it shall affect personal liberty of the applicant which amounts to violation of fundamental rights. He further submits that the applicant is not himself wanted by the police in any case and, therefore, has prayed that no action be taken with regard to the property belonging to him. In this regard the State has given a copy of the counter affidavit to counsel for the applicant and the same has been placed before this Court. Let the same be uploaded on the website of High Court during the course of the day. Statement has been made by learned A.G.A. that the police does not propose to attach the properties of the applicant in exercise of power under Section 83 Cr.P.C. Paragraph 15 of the said counter affidavit reads as under:-
"..Yachi ki sampatti par dhara 83 Cr.P.C. ki koi karyavahi nahi ki jayegi, jo bhi karyavahi ki jayegi vah abhiyukta Rukhsar Ahmad ke viruddha ki jayegi."
5. In light of the averments made in the counter affidavit and specially what has been stated in paragraph 15 that no action shall be taken by the police with regard to property belonging to the applicant no further orders are required by this Court. Consequently the petition is disposed of with a direction to the respondents not to proceed against the applicant as stated by them in paragraph 15 of the affidavit.
Order Date :- 7.1.2021 RKM.