Allahabad high court - APPLICATION U/s 482 No. - 16687 of 2006 at Allahabad : Smt. Rafikan Vs. State Of U.P


Allahabad:HIGH COURT OF JUDICATURE AT ALLAHABADCourt No. - 12Case :- APPLICATION U/S 482 No. - 16687 of 2006Applicant :- Smt. RafikanOpposite Party :- State Of U.PCounsel for Applicant :- J.J. MunirCounsel for Opposite Party :- Govt. AdvocateHon'ble Harsh Kumar,J.Heard Sri Pankaj Kumar, Advocate holding brief of Sri J.J. Munir, learned counsel for the applicant, learned A.G.A. for the State and perused the record.Learned counsel for the applicant contended that Ashiq Ali was convicted U/s 302 I.P.C. for life imprisonment in S.T. No.220 of 2002 and the sentence was confirmed in criminal appeal by this Court but he did not appear before the court to undergo sentence and process under sections 82 & 83 Cr.P.C. were issued in which instead his property, the property of applicant Smt. Rafikan, who happens to be his widowed sister and living in House No.4/38A, Kothi Darul Unsa, Mohalla Dodpur, P.S. Civil Lines, Aligarh was wrongly attached despite orders dated 22.4.2006 and 5.5.2006 of C.J.M., Aligarh; that the convict Ashiq Ali and applicant Smt. Rafikan owns a property within one boundary wall in which they have � and � share, however, no partition wall is there between the two shares of applicant and convict Ashiq Ali; that despite orders of C.J.M. Aligarh dated 22.4.2006 and 5.5.2006 the police attached the goods/movable properties kept in the portion of applicant instead of movable properties in the portion of convict Ashiq Ali; that upon wrongful attachment of her movable property, the applicant moved an application before the Addl. Sessions Judge, Aligarh on which, order was passed on 18.5.2006; that in view of the facts and circumstances, the C.J.M., Aligarh be directed to pass appropriate order on the...

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