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2018 Supreme(All) 818

ALLAHABAD HIGH COURT
BEFORE : DINESH KUMAR SINGH-I, J.
JAI BHAGWAN AND ANOTHER ....Appellants
Versus
STATE OF U.P. ....Respondent
(Criminal Appeal Nos. 6061, 6804 and 6805 of 2017, decided on 23rd January, 2018)

Advocates:
Counsel :
Rajiv Lochan Shukla, Anoop Kumar Mishra, Mahendra Ram Maurya and K.K. Pandey for the Appellants; A.G.A. for the Respondent.

Headnote:U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986—Section 16—Attachment—Properties—No clear finding recorded by Court below as to how these properties which were purchased much prior to initiation of first case against accused shown in gang chart, could have been linked to have been purchased from income generated through indulgence in commission of offence under Act—And, properties have been attached of such persons who are not even accused under Gangster Act—Impugned order quashed—Case remanded back—Directions issued. [Paras 19 and 20]

       Result; Appeals Allowed.

       

JUDGMENT

Hon’ble Dinesh Kumar Singh-I, J.—All the above three appeals have been filed against the judgment and order dated 27.9.2017 passed by the Additional District Judge, Court No. 5, Muzaffarnagar passed in Misc. Case NO. 04 of 2016 (State v. Jai Bhagwan and three others) which is a reference made to the Court below under Section 16 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (herein-after referred to as ‘Gangsters Act’) whereby the order of the District Magistrate Muzaffarnagar attaching the properties of appellants under Section 14 of the Gangster Act vide order dated 20.3.2015 as well as the order dated 18.11.2016 dismissing the objection moved by the appellants, have been upheld.

2. The facts, in brief of this case, are as follows :

3. The District Magistrate, Muzaffarnagar had passed an order under Section 14 (1) of the Gangster Act attaching the properties of the appellants on the basis of report of Incharge, P.S. Ram Raj, District Muzaffarnagar dated 17.3.2015 which was submitted through S.S.P., Muzaffarnagar. Details of property are as under :

S. No

Name of seller

Name of purchaser

Khasra No.

Area

Date of sale-deed

Village

1

Surendra Kaur w/o Jagtar Singh r/o Ramraj

Luxmi Devi d/o Surajmal(w/o Jaibhagwan Lekhpal)

342, 345 & 34

1.789 hectrs.

11920/26.9.06

Rahdawa Gair Ahatmali

 

-do-

-do-

344

½ share) of 0.894 hects. i.e. 0.447 hectrs.

11920/ 26.9.06

-do-

2.

Km. Japji d/o Harjeet Singh, r/o Gram Shahpur

Luxmi Devi d/o Surajmal (w/o Jaibhagwan Lekhpal) to 1422) hects.

Khata No. 60 (khatauni 1417

½ Share of 4.360 hects i.e.2.180

15237/23.12.06

Shahpur

3.

Harprit S/o Jagtar Singh, Power of attorney holder Km. Ikrooppuri Harprit

Luxmi Devi D/o Surajmal (w/o Jaibhagwan Lekhpal)

Khata No. 60 (khatauni 1417 to 1422)

½ share of 4.360 hects. i.e. 2.180 hectrs.

4220/17.4.07

Shahpur

4.

The will was executed in the name of the wife of the accused on 17.3.04 of the property after purchase of the same from Chandrabhan S/o Manshi Lal r/o Buara Khurd.

Luxmi Devi (wife of Jaibhagwan Lekhpal)

145 M(Nakal Khatauni 1420-1425)

3/5 share of ¼ of 1.037 hectrs

5984/21.8.03

Bibipur

5.

The will was executed in the name of the wife of the accused on 17.3.04 of the property after purchase of the same from Chandrabhan s/o Manshi Lal r/o Buara Khurd.

Luxmi Devi (wife of Jaibhagwan Lekhpal)

145 (Nakal Khatauni 1420-1425)

3/5 share of 1/4 of 0.049 hectrs

5983/21.8.03

Bibipur

6.

The will was executed in the name of the wife of the accused on 17.3.04 property after purchase of the same from Chandrabhan s/o Manshi Lal r/o Buara Khurd.

Luxmi Devi (wife of Jaibhagwan Lekhpal)

146M (Nakal Khatauni 1420-1425)

3/5 share of ¼ of 1.362 hectrs

5983/21.8.03

Bibipur

7.

Kamlesh w/o Surendra r/o Mandiwali Gali, Saifpur, Firozpur

Luxmi w/o Jaibhagwan r/o Buada Khurd,

Khatauli

-

32.67 sq. mtr 5898/22.6.12

Shahpur

8.

Harprit s/o Jagtar r/o Shahpur

1. Rahur Kumar s/o Shiv Kumar Goel, r/o 71, Ankit Vihar. 2. Luxmi w/o Jaibhagwan r/o Buada Khurd, Khatauli

-

691.72 sq.mtr

8970/22.12.09

Shahpur Pargana

Details of property purchased by the close relatives of Jai Bhagwan, Lekhpal.

S. No.

Name of Seller

Name of Purchaser

Khasra No.

Area

Date of Sale-deed 4880/-

Village

1.

Surendra Kaur w/o power of attorney holder Virendrapal s/o Ranjeet

Gaurav Kumar s/o Tilakram r/o Buada Khurd (Nephew of Jaibhagwan Lekhpal)

146 (Khatauni 1417 to 1422)

½ share of 2.560 hect. i.e. 1.280 hect.

4880/30.4.08

Shahpur

2

Omkar s/o Vikram Dhanwanti w/o Vikram Singh

Gaurav Kumar s/o Tilakram r/o Buada Khurd (Nephew of Jaibhagwan

34/3, 3

























































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