Neutral Citation No. - 2025:AHC:107506 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37305 of 2024 Applicant :- Santosh @ Santosh Singh Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A for the State-respondent. 2. By means of the present application, applicants have sought quashing of the charge sheet dated 26.01.2024 and cognizance/summoning order dated 16.04.2024 passed in Criminal Case no. 15173 of 2024, arising out of Case Crime No.17 of 2024, under Section 2/3 of Prevention of Damage to Public Property Act, 1984, P.S.- Jamaniya, District- Ghazipur along with entire criminal proceedings of the said case, pending in the court of learned Additional Chief Judicial Magistrate, Ghazipur. 3. Brief facts of the present case are that a first information report dated 16.01.2024 bearing Case Crime No.17 of 2024 was lodged by Gram Pradhan/opposite party no.2 in pursuance of Section of Prevention of Damage to Public Property Act, 1984 against applicants alleging that applicants had caused damage and loss to the public property by way of demolishing the RRC (Kudaghar). After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge- sheet on dated 26.01.2024 against applicants whereupon learned court concerned has taken cognizance/summoning of offence vide order dated 16.04.2024 which impugned the present petition. 4. Learned counsel for applicants has challenged the entire proceedings of the said case on several other ground inter-alia precisely on the ground that lodging of the first information report taking aid of provisions of the P.D.P.P. Act, 1984 is nothing but an abuse of process of the law, inasmuch as, the said provisions cannot be invoked to lodge a criminal case on the allegations of damage or loss caused to the Gram Sabha land. The Magistrate has acted illegally and without application of judicial mind in taking cognizance on the charge sheet submitted under Section 2/3 of the P.D.P.P. Act, 1984. Learned counsel for applicant submitted that fact of the case is otherwise that applicants are the owner of Gata No.792 area 1.5160 Hectare which is adjacent to canal and Gata No.792G and due to construction of footpath of canal, the said land was merged in the footpath for which a civil suit is also pending wherein interim injunction is operating in favour of applicants but by disobeying the said interim order, opposite party no.2 was trying to acquire the land pertains to applicants and when applicants forbidden the opposite party no.2 to do so, she falsely implicated them in the present case and as such, entire proceedings may be liable to be set aside. 5. In any case, the question as to whether applicants had illegally encroached upon the land vested in Gram Sabha, can only be adjudicated by the Revenue Authorities. The proper proceeding for eviction of the unauthorized occupant can be undertaken under Section 67 of the Revenue Code, 2006. The short-cut procedure adopted by the Pradhan of the village concerned is nothing but with a view to harass the applicants. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but could not dispute the aforesaid arguments raised by learned counsel for applicants. 7. While dealing with similar issue, co-ordinate Bench of this Court vide order 6.8.2020 passed in Application u/s 482 no. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another), quashed the entire proceeding u/s 2/3 of Prevention of Damage to Public Property Act, 1984 and held that as far as criminal proceeding for illegal encroachment, damage or trespass over the land belonging to Gram Sabha is concerned, the same can be undertaken but it would be subject to the adjudication of rights of the parties over the land in dispute as the said determination can be done only by the revenue court. As far as the P.D.P.P. Act, 1984 is concerned, the same has been enacted with the specific purpose. The statement of objects and reasons of the said Act shows that it was enacted with a view to curb acts of vandalism and damage to public property including destruction and damage caused during riots and public commotion. 8. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicants pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The cognizance/summoning order dated 16.04.2024 has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed. 9. Invoking inherent powers under Section 482 Cr.P.C., charge sheet dated 26.01.2024 and cognizance/summoning order dated 16.04.2024 passed in Criminal Case no. 15173 of 2024, arising out of Case Crime No.17 of 2024, under Section 2/3 of Prevention of Damage to Public Property Act, 1984, P.S.- Jamaniya, District- Ghazipur along with entire criminal proceedings of the said case, pending in the court of learned Additional Chief Judicial Magistrate, Ghazipur, are hereby quashed. 10. The instant application stands allowed accordingly. 11. However, it is made clear that this order shall not preclude the revenue authorities to proceed against applicants, if required, in accordance with the strict provisions of U.P. Revenue Code, 2006. Order Date :- 8.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad