The court affirmed that appeals against orders under the U.P. Gangsters Act, particularly regarding property attachment, are maintainable, emphasizing the necessity for expeditious judicial processes in such cases.

JUDGMENT :

Saurabh Lavania,J.

1. Heard Sri Avinash Singh Vishen, Advocate, who assisted the Court on being asked; Sri Sukhveer Singh, Advocate, learned counsel appearing for the applicant/Abdul Raqib @ Pehtul in APPLICATION U/S 483 No. 49 of 2025; Sri Sukh Deo Singh, learned counsel appearing for the applicant/Rashid Khan in APPLICATION U/S 483 No. 116 of 2025 and Sri Ajay Kumar Srivastava, learned AGA as well as Sri Badrul Hasan, learned AGA-I, who appeared for the State of U.P.

2. The applications have been preferred seeking following main relief(s):-

2.1. Main relief(s) sought in APPLICATION U/S 483 No. 49 of 2025.

"It is, therefore, most respectfully prayed that the case under section 16(1) of U.P. Gangster Act, 1986 is pending before the Learned Additional District and Sessions Judge, Fast Track Second/ Special Judge Gangster Act, Ambedkar Nagar, as Miscellaneous Case No. 195 of 2023 (Government vs Abdul Raqib @ Pehtul) since 01.06.2023 may be decided expeditiously within the stipulated time.

Further, this Hon'ble Court may also direct to the state authorities to provide some shelter home/accommodate to live in the severe cold by which the life of the family of applicant along with children may remain saved until the property of the applicant is not released."

2.2 Main relief(s) sought in APPLICATION U/S 483 No. 116 of 2025.

"i. Issue a suitable, order or direction commanding Learned court below to decide the proceeding under section 16 (1) UP Gangster and Anti-Social Activities Act, bearing Criminal Misc. Case No. 4/2023, 'Dr. Rashid Khan. Vs. State of UP.', currently pending before Learned Additional Sessions Judge, Court No. 2, Sultanpur, within such period as may be stipulated by this Hon'ble Court, in the interest of justice;"

3. On the objection with regard to maintainability of the Applications under Section 483 Cr.P.C., under consideration, this Court has to answer the following question.

Whether the remedy under Section 483 Criminal Procedure Code, 1973 (in short "Cr.P.C.") (now repealed) or Section 529 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short " BNSS "), as the case may be, would be available to the concerned for seeking prayer of expeditious disposal of the case under Section 16 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Act of 1986").

4. Learned counsel appearing for the applicants, in nutshell, submitted that remedy of Section 483 Cr.P.C. (now repealed)/ Section 529 BNSS would be available for seeking direction for expeditious disposal of the case under Section 16 of the Act of 1986, as under Section 16 of the Act of 1986 the decision as to "whether the attachment of the property is justified or not", regarding the property attached by the District Magistrate in exercise of power under Section 14 has to be taken by the 'Court' having jurisdiction to try an offence under the Act of 1986.

5. On the contrary, learned AGA submitted that the matter relates to special Act i.e. Act of 1986 and accordingly, the remedy under Section 482 Cr.P.C. or Section 529 BNSS , as the case may be, would not be available. The only remedy which could be availed in such type of cases would be available under Article 226/227 of the Constitution of India.

6. Considered the aforesaid and perused the record.

7. In order to decide the controversy involved in these case(s), this Court finds it appropriate to refer Section 483 Cr.P.C. (now repealed), Section 529 BNSS , certain provisions of the Act of 1986 and also the pronouncements on the issue, which cou