RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Arvind Kumar Shukla, for the appellant Tara Devi, Mrs. Swati Agarwal, for the appellant Punjab National Bank and A.G.A., for State of U.P.
(2.) These appeals have been filed from the judgment and order passed by Additional Session's Judge, Court No. 7/ Special Judge [U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986], Varanasi dated 17.05.2013, in Criminal Reference No. 26 of 2010, State of U.P. v. Tara Devi and others (arising out of order of District Magistrate dated 30.06.2010 in Case No. 21 of 2010, under Section 14 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Cant, district Varanasi), attaching the properties of Tara Devi and her family members under the Act.
(3.) On the complaint of Ramayan Singh SHO Cholapur, Lal Bahadur Singh Constable clerk, registered FIR of Case Crime No. 360 of 1999, Section 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, against Jawahar Jaisawal, Case Crime No. 361 of 1999, Section 3 (1) of U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986, against Shiv Bhajan @ Babloo and Case Crime No. 362 of 1999, Section 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, against Raghvendra @ Dabloo at P.S. Cholapur, district Varanasi, on 29.08.1999 at 20.05 hours. It has been stated in the FIR that Jawahar Jaisawal son of Kanhaiya Jaisawal, Shiv Bhajan @ Babloo and Raghvendra @ Dabloo sons of Jawahar Jaisawal, residents of village Bhawanipur (Dharsauna), PS Cholapur, district Varanasi were harden criminals and formed a gang of which Jawahar Jasawal was the gang leader. This gang is engaged in anti-social activities and are collectively committing offence under Chapter 16, 17 and 22 IPC, for their physical and pecuniary gain. They are indulged in business of selling liquor illegally and thus causing serious loss to government revenue regularly. They have created terror in general public and due to their terror no body can dare to lodge FIR or give evidence against them. Details of the offences committed by the aforementioned persons are (i) On 12.06.2009, serious fire took place in chemical factory of the accused, situated at village Dharsauna Pawarepur, due to their deliberate negligence, in which five labourers working there, were burnt. Three of them had died in hospital and two are still struggling for life. FIR of Case Crime No. 303 of 2009, under Section 304, 308, 193 , 201 Indian Procedure Codewas lodged at the police station, in which charge sheet no. 158 dated 19.07.2009 has been submitted. Due to that incident, there is serious anguish in nearby villages. (ii) Case Crime no. 76 of 2001, under Section 60 U.P. Excise Act, PS Cholapur, (iii) Case Crime no. 159 of 2001, under Section 420, 463, 465, 467, 471 IPC, PS Cholapur, (iv) Case Crime no. 416 of 2002, under Section 411, 414, 416, 420 IPC, PS Dildar Nagar, (v) Case Crime no. 6 of 1990, under Section 3/7 E.C. Act, PS Cholapur (vi) Case Crime no. 192 of 1993, under Section 279, 304-A IPC, PS Cholapur (vii) Case Crime no. 130 of 2001, under Section 120-B IPC, PS Cholapur.;