MAINA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri O.P.Singh, Senior Advocate, assisted by Sri Kamal Kishor Mishra, Sri A.N.Singh, learned counsel for the appellant, learned A.G.A.for the State of U.P.and perused the lower court record.

(2.) This appeal under section 18 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 has been preferred by the appellant Smt. Maina Devi against the order dated 17.3.2009 passed by learned Special Judge (Gangster Act)/Additional Sessions Judge, Azamgarh in Criminal Misc. Case No.2 of 2009 whereby the learned Special Judge ( Gangster Act) affirmed the order dated 14.7.2008 passed by District Magistrate, Mau by which the application under section 15(1)(2) of U.P.Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as ' the Gangster Act') moved by the appellant for releasing the house Nos. 204-D/8 and 205-D/9 situated in Mohalla Chandmari Emiliyan, Police Station Sarai Lakhansi, District Mau, has been rejected, with the prayer that the same may be quashed.

(3.) The present appeal has been filed on the following grounds :