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2007 Supreme(All) 185

M.K.MITTAL
SHANTI DEVI. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
V.K. Kushwaha for the Appellant; Ms. Usha Kiran, A.G.A. for the Opposite Party.

JUDGMENT

Honble M.K. Mittal, J.—This appeal has been filed by Smt. Shanti Devi, wife of Sri Ram Deen, under Section 18 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred as Act) challenging the order dated 20-1-2006 passed by Special Judge, Gangsters Act, Kanpur Nagar, in Misc. Case No. 40/05, State v. Lala Mehtar @ Naresh, under Section 17 of the Act, P.S. Bithoor, District Kanpur Nagar, whereby her prayer for the release of the attached property has been refused.

2. The brief facts of the case are that a report dated 19-10-2004 was submitted by the Station Officer, Bithoor to Senior Superintendent of Police, Kanpur Nagar who forwarded the same to the District Magistrate, Kanpur Nagar. It was alleged in the report that Lala Mehtar @ Naresh, was a gangster and by committing dacoity, murders and other heinous crimes had amassed property and out of that purchased land and constructed house in the name of his mother Smt. Shanti Devi (appellant) in Kasba Bithoor, Lavkush Nagar, valued at about Rs. 5,60,000. The District Magistrate on the basis of the police report passed an order under Section 14 of the Act on 30-10-2004, whereby he attached the hou

































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