- (1.) Present appeal has been filed by State of U.P. under Section 18 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 against judgement and order dated 23.7.2010 passed by Additional Sessions Judge, Court No. 6/Special Judge Gangster Act, Allahabad in Miscellaneous Case No. 5 of 2009 (Nasim Khan v. State of U.P.), Miscellaneous Case No. 3 of 2009 [Abdul Nqfis v. State of U.P.), Miscellaneous Case No. 4 of 2009 [Sayeed Khan and another v. State of U.P.), Miscellaneous Case No. 2 of 2009 [Nizam v. State of U.P.) and Miscellaneous Case No. 6 of 2009 [Salim Khan v. State of U.P.) arising out of Crime No. 254 of 2007, under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Handia, District Allahabad whereby Additional Sessions Judge, Court No. 6/Special Judge Gangster Act, Allahabad has allowed applications under Section 16 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 moved in aforesaid each miscellaneous case and has set aside order dated 30.1.2009 passed by District Magistrate, Allahabad under Section 14(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986. Affidavits have already been exchanged between the parties. Shri Narendra Dev Roy, learned A.G.A. appeared for State of U.P. Shri Daya Shankar Mishra as well as Shri Mukhtar Alam appeared for respondents.
(2.) I have heard learned A.G.A. as well as learned counsel for respondents and perused the record.
(3.) Learned A.G.A. contended that impugned judgement and order passed by Additional Sessions Judge, Court No. 6/Special Judge Gangster Act, Allahabad is against provisions of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 as well as evidence on record.;