Neutral Citation No. - 2025:AHC:109198 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37330 of 2024 Applicant :- Irshad Ali And 20 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Jagram Singh Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Jagram Singh, learned counsel for Uttar Pradesh State Road Transport Corporation (UPSRTC) and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Case No. 522 of 2021 (Old Case No. 896 of 2019) titled as State vs. Savitri Devi & Others arising out of Case Crime No. 34 of 2019, Under Section 2/3 of Prevention of Damages to Public Property Act, 1984, Police Station Fatehpur, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate-III, Saharanpur as well as the impugned cognizance/summoning order dated 06.09.2019 and chargesheet dated 20.05.2019. 3. Learned counsel for the applicants submitted that opposite party no. 2 has lodged an FIR against applicants on 04.02.2019 which is registered at Case Crime No. 34 of 2019, Under Section 2/3 of Prevention of Damages to Public Property Act, 1984. As per prosecution story, the applicants and other persons have encroached the property of opposite party no. 2 as Khasra no. 222K and 222Kha and made their construction and the opposite party no. 2 trying to remove the encroachment, then the applicants quarreling and given threat for dire consequences, therefore the informant lodged the aforesaid FIR on behalf of Parivahan Nigam Chutmalpur, Saharanpur. After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 20.05.2019 against applicants whereupon learned court concerned has taken cognizance of offence vide order dated 06.09.2019 which impugned the present petition. 4. Per contra, learned AGA for the State and Sri Jagram Singh, learned counsel for Uttar Pradesh State Road Transport Corporation (UPSRTC) vehemently opposed the prayer as made in the application and submitted that the opposite party no. 2 is tenure holder of plot no. 222K and 222Kha and the applicants have illegally encroached the land of opposite party no. 2. It is further submitted that after considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, this Court finds that the appropriate remedy available before the Uttar Pradesh State Road Transport Corporation (UPSRTC) is to prefer eviction suit if aggrieved of any type of illegal construction carried out by the applicants, since the same is subject matter of the eviction and the same cannot be tried under the procedure defined for initiating proceedings against persons who are determined under Section 2/3 of Prevention of Damages to Public Property Act, 1984, therefore, the learned court concerned was not justified in taking cognizance and summoned the applicants. Hence, the impugned summoning order is not sustainable and is liable to be set-aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 522 of 2021 (Old Case No. 896 of 2019) titled as State vs. Savitri Devi & Others arising out of Case Crime No. 34 of 2019, Under Section 2/3 of Prevention of Damages to Public Property Act, 1984, Police Station Fatehpur, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate-III, Saharanpur as well as the impugned cognizance/summoning order dated 06.09.2019 and chargesheet dated 20.05.2019, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad