OM PRAKASH,J. - (1.) Present writ petition has been filed by the petitioner Rajbir Singh Tyagi with the prayer to issue a writ, order or direction in the nature of certiorari quashing the judgments and orders dated 14.11.2008 and 21.1.2009 passed by the District Magistrate, Muzaffar Nagar in criminal case no. 04 of 2008-09, under Section 14 of the U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Act) as well as the order dated 11.8.2009 passed by the Special Judge (Gangster Act), Saharanpur in Misc. Case No. 05 of 2009 (State v. Rajbir) .
(2.) Brief facts of the case are as follows :
(3.) S.H.O. concerned of the Police Station Civil Lines, Muzaffar Nagar submitted a report to S.S.P. Concerned and the same was forwarded by the Superintendent of Police concerned under Section 14 of the Act to the District Magistrate concerned with the prayer that several criminal cases are pending against the petitioner and his son Vicky Tyagi @ Vikrant. They have earned lot of money and property illegally after committing crime and prayer was made to attach the moveable and immovable property in possession of the petitioner and Vicky Tyagi @ Vikrant. Police concerned has also given details of the criminal cases pending against the petitioner and Vicky Tyagi @ Vikrant as well as the cases pending under the Act. It was also reported that petitioner has an organised gang whose main activity is to acquire wealth by putting the general public in fear of death or hurt. Being a gangster and by criminal activities petitioner acquired vast wealth with the help of which he has constructed a palatial building bearing no. 37 Indira Colony, Muzaffar Nagar and has also purchased luxury goods. It is also evident from the attachment order (Annexure No. 2) passed by the District Magistrate concerned on the basis of the aforesaid report of the S.H.O. concerned and recommended by the Senior Superintendent of Police, Muzaffar Nagar that Rajbir Singh Tyagi and Vicky Tyagi @ Vikrant being gangster has amaze wealth by illegal means committing crime under the Act and held various properties. Vide order dated 14.11.2008 following properties were attached : (I) House No. 37 Indira Colony, Muzaffar Nagar which is recorded as house no. 39 in the revenue record in the name of the petitioner and all the articles/goods/valuable/luxury items kept in this house. (II) House adjacent to the house no. 37 Indira Colony, Muzaffar Nagar recorded in the revenue record in the name of Smt. Vandana Tyagi @ Meenu wife of Vicky Tyagi @ Vikrant which is being reconstructed after demolishing it. (III) House No. 40 Indira Colony, Muzaffar Nagar adjacent to house no. 37 recorded in the name of Smt. Vandana Tyagi @ Meenu and Smt. Suprabha Tyagi was being reconstructed after demolition. (IV) House No. 474/890/7 Mohalla Saket Colony, Muzaffar Nagar in front of the police outpost and all the articles/goods kept in this house.;