- (1.) The instant appeal filed on behalf of objectors/appellants under Section 18 of the U.P. Gangsters & Anti -Social Activities (Prevention) Act, 1986 (hereinafter referred as the U.P. Gangsters Act), is directed against the judgment and order dated 1.12.2015 passed by Shri Lokesh Rai, Additional Sessions Judge/Special Judge, Gangsters Act, Lalitpur in G.S.T. No. G -S -E -01 of 2013, whereby the learned Judge has partly approved the order dated 31.8.2013 passed by the District Magistrate, Lalitpur and partly set aside it, thereby out of the three, one property of the alleged gangster Irfan S/o Munna Beg alias Mohammad Beg, appellant no.1 was released in favour of the appellants. Heard Shri G.S. Chauhan, learned counsel for the appellants and Shri Abdul Majid, learned AGA for the State -Respondent and perused the record.
(2.) Learned counsel for the appellants very briefly has argued that the learned Special Judge has erred in appreciating the evidence adduced by the appellants, he has wrongly placed reliance on the police report and held that out of three attached properties, two were rightly attached by the District Magistrate and only released one property in favour of the appellants. According to him, impugned judgment is illegal and against the provisions of the Gangsters Act and deserves to be set aside.
(3.) On behalf of State -Respondent, these arguments have been repelled and it has been submitted that findings recorded by the learned Special Judge are well substantiated from the record, no legal error has been committed by him and appeal deserves to be dismissed. Facts giving rise to the present appeal may be summarized as under: - That on 17.11.2012 at 6.20 a.m. S.H.O., P.S. Talbehat had lodged an FIR stating therein that seven persons including Irfan Beg alias Munna Beg had informed and organized a gang, whose leader was Shiv Narayan @ Raju Soni @ Pappat Soni. Those members of the gang were desperate criminals. During patrolling he was informed by the public that gang had made its profession committing dacoity in the banks for getting material and financial gains. None dared to report against them. Against them number of cases of heinous offences were registered, thereafter, he gave details of those cases and enclosed gang chart. In the gang chart at serial no.2 name of Irfan Beg finds place against whom two criminal cases were shown to be pending involving theft in building, committing house breaking by night in order to commit an offence and dishonestly receiving and retaining stolen properties and hatching criminal conspiracies. ;