ANIL KUMAR JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate.

(2.) THIS writ petition has been filed for quashing of orders dated 30.12.2010 and 15.4.2011 passed by the District Magistrate, Kushinagar whereby show cause notice was issued to the petitioner and thereafter his property was attached and the matter was referred to the competent Court having jurisdiction to try the offence under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as "the Act").

(3.) ADMITTEDLY , Shiv Kumar was facing prosecution in case crime No. 612 of 2007, under sections 41/411, 403, 413, 414, 419, 420, 467, 468 and 471 IPC and 3(1) of the Gangsters Act, P.S. Patherwa and case crime No. 362 of 2007, under sections 41/411, 419, 420, 413 and 414 IPC, PS Patherwa, district Kushinagar and the District Magistrate, Kushinagar was prima facie satisfied that the property had been acquired as a result of commission of the offence triable under the Act. He, therefore attached the property and referred the matter to the competent court under section 16(1) of the Act.