CANFIN HOMES LTD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amrendra Singh, learned counsel for the petitioners and Sri Ratan Singh, learned AGA for the State.

(2.) Present petition has been filed for the following relief:

(3.) Contention of learned counsel for the petitioners is that petitioner no.1 is a housing finance company sponsored by Canara bank. The petitioner-finance company has granted a loan to one Rakesh Sharma to purchase house no.78 Sector Delta-3, Greater Noida, Gautam Budh Nagar, Uttar Pradesh and that the property was also mortgaged to the petitioners in lieu of the above loan facility extended to Rakesh Sharma. It is further submitted that against Rakesh Sharma, the Gangster Act was invoked, and a FIR was registered against him in case crime no.466 of 2022 and during that proceeding, the above property was attached by the Police Commissioner, Ghaziabad vide order dtd. 4/5/2023 u/s 14(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Gangster Act').