Neutral Citation No. - 2025:AHC:82407 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34023 of 2024 Applicant :- Jamuna Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitish Kumar Yadav,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Zafar Abbas, learned counsel for the applicants and learned AGA for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 15.01.2009, summoning/cognizance order dated 27.01.2009 and the entire proceedings of Criminal Case No. 3435 of 2011 arising out of Case Crime No. 391 of 2008, under section 427 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station-Meerganj, District-Jaunpur pending in the court of learned Additional Chief Judicial Magistrate-4th, Jaunpur as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicants submitted that after gap of near about 14 years, nothing has happened and the same is apparent from the ordersheet appended along with affidavit in support of the instant application. It is further submitted by learned counsel for the applicants that the applicants were in wait of justice for near about 14 years and once nothing has happened in spite of their innocence, which is well proved in pursuance to the report submitted by the concerned Lekhpal on dated 27.01.2009. In a most compelling circumstances, entire proceedings along with order through which cognizance of offence has been taken up including chargesheet has been put under challenge though the instant application. 4. It is also submitted by learned counsel for the applicants that there is hardly any attraction of Section 3/5 of Prevention of Damage to Public Property Act, since not a single piece of land has ever been encroached by way of raising any construction or damage the same which cause hindrance or smooth conduction of activity carried out by the public at large, so far as the allegation fastened up upon the applicants has been not established in pursuance to the report of concerned Lekhpal. 5. It is also submitted by learned counsel for the applicants that no evidence or establishment made out by the prosecution in respect of attraction of Section 427 IPC which is specific damage in shape of mischief causing damage to the amount of Rs. 50/-, wherein the highest punishment is imprisonment of either description for a term which may extent to maximum two years or with fine or with both. In pursuance to mischief causing damage, it is submitted by learned counsel for the applicants that the total length as mentioned in the revenue records in respect of public way was 10 kadi but as per the report submitted by concerned Lekhpal, the total in tact available length of public way (chakmark) was 12 kadi and as such there was hardly any damage cause to the property pertains to public. 6. At the time of closing arguments, learned counsel for the applicants submitted that there was hardly any ground available with the prosecution as well as before learned concerned court for framing charges against the applicants which delayed near about 14 years and the same is not likely to be framed in future also. In absence of any clinching evidence or statement in shape of report by any public servant, the case could not be established as framed by the prosecution against the applicants. 7. Per contra, learned A.G.A. however vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants by way of submitting the grounds that this Court cannot direct the learned concerned court for expedite disposal of the trial and the dispensation of justice shall not be bound with limitation as rendered in catena of judgments as passed by Hon'ble Apex Court. 8. After hearing rival submissions extended by learned counsel for the parties, certain counter facts is crystal clear in respect of the allegation fastened by the prosecution for implication of the applicants in criminal proceedings initiated in shape of Criminal Case No. 3435 of 2011 arising out of Case Crime No. 391 of 2008, under section 427 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984 and as such:- (i) Report of concerned Lekhpal is exonerating the applicants from any offence in which they are implicated. (ii) There is hardly any damage to public property in reference to length of the public way which is more than the length entered into the revenue records. (iii) Delay in framing charges in respect of taking cognizance of offence on dated 16.01.2009 also indicates that prosecution might in cite to loose the matter. 9. Once it is almost established that the applicants being the first offender that too in pursuance to sections 3/5 of Prevention of Damage to Public Property Act, 1984 as well as section 427 IPC which is not crystal clearly attracted in terms of allegations put- forward against the applicants, no fruitful purpose shall be served by way of dragging innocent persons into any unwarranted litigation, that too pending since 2008. 10. In view of aforementioned facts and circumstances, by way of considering the arguments as raised by learned counsel appearing for rival parties, the proceeding pending before the learned Court of Additional Chief Judicial Magistrate-4th, Jaunpur/concerned court in shape of Criminal Case No. 3435 of 2011 arising out of Case Crime No. 391 of 2008, under section 427 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station-Meerganj, District-Jaunpur are hereby quashed and set aside. 11. The application stands allowed accordingly. Order Date :- 16.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad