STATE Vs. MOHD SHAKEEL

JUDGEMENT

(1.) A. Mateen, J. This case was filed as an appeal against order dated 19-4-2002 passed by learned Special Judge, Gangsters Act, Faizabad in Misc. Case No. 241 of 2004 arising out of crime No. 1102 of 2001 under Sections 147, 332, 353 IPC and Section 3 (1) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (for short, the Act, 1986) thereby directing release of the property attached in pursuance of order passed by the District Magistrate, but later on after issuing notice to the respondents and objection having been raised that appeal under Section 378 Cr. P. C. read with Section 18 of the Act of 1986 against order passed by Special Judge, Gangsters Act on reference made by the District Magistrate under Section 16 of the Act of 1986, with respect to attachment of property, is not maintainable in view of law laid down in the case of Badan Singh alias Baddo v. State of U. P. & Ors. , 2001 (2) JIC 997 (All), this Court on the request made by learned Additional Government Advocate directed the appeal to be treated as revision, as such, now it is being dealt with as a revision.

(2.) I have heard learned Additional Government Advocate on this Revision. I have also gone through the order passed by the learned Special Judge, Gangsters Act dated 19-4-2002 thereby releasing the property attached in pursuance of the orders passed by the District Magistrate dated 28-8-2001.

(3.) I do not find any illegality or irregularity in said order of learned Special Judge, Gangsters Act, Faizabad.