Hon’ble Vijay Prakash Pathak, J.—This appeal under Section 18 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as “the Act”) has been preferred by the appellants Shashi Kant Chaurasiya and Shrikant Chaurasiya, sons of Kanhaiya Chaurasiya with the prayer to set aside the order dated 9.6.2010 passed by the Special Judge (Gangsters Act), Varanasi in Misc. Application No. 42 of 2009 (State v. Kanahiya Chaurasia and others), whereby the learned Special Judge (Gangsters Act) has rejected the application filed by the appellants under Section 16(2) of the Act for releasing the house and shop in question and affirmed the order dated 22.10.2009 passed by the District Magistrate, Ghazipur under Section 14(1) of the Act, by which the District Magistrate, Ghazipur refused to release the property of the appellants consisting a shop of general store and a residential house situated at village Gauspur, P.S. Mohammadabad, District Ghazipur.

2. Present appeal has been preferred by the appellants on the grounds that an FIR as case crime No. 70 of 2008, under Section 3(1) of the Act was registered wrongly against the father of the appell