Neutral Citation No. - 2025:AHC:79159 Court No. - 74 Case :- APPLICATION U/S 482 No. - 36666 of 2024 Applicant :- Jagdamba Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hinchh Lal Pandey,Preetika Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned order dated 11.07.2024 passed by learned Judicial Magistrate, Court No. 4, Prayagraj including the entire proceedings of Criminal Case No. 561 of 2020 (State vs. Adya Prasad and another) arising out of Case Crime No. 499 of 2017, under sections 3/5 of U.P. Prevention of Damages to Public Property Act, 1984, Police Station-Phulpur, District- Allahabad/Prayagraj by which rejected the discharge application from charges under sections 3/5 of U.P. Prevention of Damages to Public Property Act, 1984 as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicant submits that at the time of institution of Case Crime No. 499 of 2017, under sections 3/5 of U.P. Prevention of Damages to Public Property Act, 1984, Police Station-Phulpur, District-Allahabad/Prayagraj, it is the applicant who was implicated along with one Adya Prasad, wherein the other co-accused preferred Application u/s 482 No. 26281 of 2024, wherein the entire proceeding along with chargesheet as well as order passed by learned concerned court through which cognizance of offence has been taken up were put under challenge. 4. After considering the situation as well as in the light of the judgment rendered by Hon'ble Apex Court as well as by coordinate Bench of this Court, application preferred by co-accused has already been allowed by way of quashing the entire proceeding vide judgment and order dated 22.08.2024, which is appended as Annexure no. 14 available at page nos. 84 and 85 of the instant application. 5. Learned counsel for the applicant submits that once the co- accused who has been implicated for same cause of action as available with the applicant and in favour the entire proceeding has already been quashed and set-aside, the similar extension may be extended in favour of applicant also. 6. Per contra, learned A.G.A. has vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant, but at the same time did not disputed the judgment and order dated 22.08.2024, which is crystal clear in nature, wherein the action initiated by the prosecution in shape of institution of Criminal Case No. 561 of 2020 titled as State vs. Adya Prasad and another, wherein another is the applicant only. 7. After hearing rival submissions extended by learned counsel for the parties, once the thoughtful consideration has been made by coordinate Bench of this Court while adjudicating the controversy which is similar to the instant once in Application u/s 482 No. 26281 of 2024, there is no option left but to follow the same by way of extending the similar benefit and as such the proceedings of Criminal Case No. 561 of 2020 (State vs. Adya Prasad and another) arising out of Case Crime No. 499 of 2017, under sections 3/5 of U.P. Prevention of Damages to Public Property Act, 1984, Police Station-Phulpur, District-Allahabad/Prayagraj, is hereby set-aside. 8. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 13.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad