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2023 Supreme(All) 1611

SHAMIM AHMED
Nazima – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Civil Sectt. Home, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suchendra Kumar Sharma, Dharm Trivedi, Dheeraj Srivastava.

JUDGMENT :

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

2. Heard Shri Dharm Trivedi, learned counsel for the appellant, Ms. Shikha Sinha, learned Additional Government Advocate 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, Smt. Nazima with a prayer to set aside the order dated 01.04.2023 passed under Section 16 of the Gangster Act in Misc. Criminal Case No.186 of 2022 (Nazima Vs. State of U.P.) by learned Additional Sessions Judge / Special Judge (Gangster Act), Court No.13, Lakhimpur Kheri and order dated 06.04.2022 passed by District Magistrate, Lakhimpur Kheri passed under Section 14 of the Gangster Act in Misc. Criminal Case No.586 of 2022 (Anwar Vs. State of U.P.), Case Crime No.85 of 2021, under Section 2/3 of Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986, Police Station Mailani, District Kheri, whereby the District Magistrate, Lakhimpur Kheri had attached the property (ancestral house) of the appellant.

4. In short,

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