MEENA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) In the present criminal appeal the judgment and order dtd. 4/5/2023 passed by Additional Sessions Judge / Special Judge Gangster Act, Court No. 4, Azamgarh in Criminal Misc. Case No. 04 of 2023, which is a reference made to the Court under Sec. 16(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as " the Act") whereby the orders of the District Magistrate, Azamgarh dtd. 11/8/2022 for attachment of the landed properties of appellant under Sec. 14 of the Act as well as order dtd. 28/12/2022 dismissing the objection moved by the appellant have been affirmed, has been questioned.

(2.) The facts of the case, in brief, are that the District Magistrate, Azamgarh passed an order dtd. 11/8/2022 under Sec. 14(1) of the Act for attachment of two landed properties of the appellant on the basis of report of in- charge Inspector, Police Station Jiyanpur, District Azamgarh dtd. 23/7/2022, submitted through Senior Superintendent of Police, Azamgarh. It was mentioned in the report that during investigation of Case Crime No. 467 of 2013 under Sec. 3(1) of the Act, it was found that Rajendra Yadav, the husband of the appellant owned some landed property in the name of the appellant, which was purchased by him with illegally earned money as gangster.

(3.) The District Magistrate, Azamgarh relying upon the police report, above mentioned, based upon the criminal history of Rajendra Yadav, the husband of the appellant and submissions made therein that the two properties, detailed below, had been acquired by the gangster Rajendra Yadav as a result of the commission of an offence triable under this Act, passed the aforesaid order for attachment dtd. 11/8/2022 of both the properties under Sec. 14(1) of the Act.