JUDGMENT :

1. Pleadings in the case have been exchanged between the parties.

2. Heard Shri Sushil Kumar Misra, learned counsel for the appellant, Mrs. Kiran Singh, learned Additional Government Advocate-1 for the State and perused the material available on record.

3. The present appeal under Section 18 of U.P. Gangster and Anti Social (Prevention of Activities) Act, 1986 (hereinafter referred to as the 'Gangster Act') has been preferred by the appellant, namely, Waseem Khan with a prayer to quash the judgment and order dated 13.4.2022 passed by the District Magistrate, Lucknow/opposite party no.2 in Case No. 2850 of 2021 Computerized Case No. D202110460002850 (State Vs. Waseem Khan) under section 14(1) of the Gangster Act, whereby the District Magistrate, Lucknow attached the following property of the appellant including a new house situated in village Tirgawan, Tehsil Malihabad, District Lucknow with the finding that the appellant has purchased the house in question and land (immovable property) between 2012 to 2021 from the income earned by involving in anti social activities and the appellant has purchased the following properties without taking loan whereas the appellant has purchased the Scorpio and Pulsar Motor Cycle by taking loan.

4. The appellant has also prayed for quashing of the impugned judgment and order dated 5.1.2023 passed by the Additional District and Sessions Judge, Court No. 08/Special Judge, Gangster Act, Lucknow in Criminal Appeal No. 84 of 2022, Waseem Khan Vs. State of Uttar Pradesh and another, whereby the appellate court dismissed the appeal and decided the Criminal Misc. Case No. 735 of 2022 finally and confirmed the impugned order dated 13.04.2022 passed by the District Magistrate, Lucknow.

5. In short, the facts of the case are that initially, more than ten years ago, a First Information Report dated 15.08.2012 was lodged by one Shri Suleman Beg son of Sikandar Beg, resident of village Daulatpur Malihabad, District Lucknow, which was registered as case crime no. 342 of 2012 under sections 147, 307, 325, 504, 506 IPC against six persons including the appellant alleging therein that a construction work was being done by the appellant on government land and being Village Pradhan, Suleman Beg restrained the appellant from constructing him the same. Thereafter First Information Reports were lodged against the appellant bearing case crime no. 535 of 2017 under sections 147, 148, 452, 504, 506 IPC and case crime no. 81 of 2019, under sections 406, 323, 506 IPC and case crime no. 551 of 2019 under sections 420, 468, 471, 506, 120-B IPC and case crime no. 24 of 2019 under sections 419, 420, 467, 468, 471 IPC and case crime no. 173 of 2021 under section 2/3 U.P. Gangster Act.

6. Learned counsel for the appellant submits that the appellant has been implicated in the aforesaid cases due to enmity and the case under the Gangster Act was imposed upon the appellant in the year 2021 whereas the property of the appellant which was attached vide order dated 13.4.2022 passed by the District Magistrate, Lucknow under section 14 (1) of U.P. Gangster Act, was acquired by the appellant much earlier to the imposition of Gangster Act upon him being ancestral property.

7. Elaborating the submissions, learned counsel for the appellant has submitted that the