Neutral Citation No. - 2025:AHC:74052 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38602 of 2024 Applicant :- Satyaprakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey,Vashishtha Narayan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 01.02.20222 as well as summoning/cognizance order dated 24.04.2023 including the entire proceedings of Case No. 3887 of 2019 (State vs. Satyaprakash and Others) arising out of Case Crime No.301 of 2021, under sections 3/5 of Prevention of Damages to Public Property Act, 1984, Police Station-Maharajganj, District- Azamgarh, pending in the Court of learned Judicial Magistrate, Court No. 11, Azamgarh as well as to stay the further proceedings of abovementioned case. 3. It is the case of the applicants that proceeding under Section 67 of the U.P. Revenue Code has already been initiated against them, wherein the entire determination has been drawn by the competent authority in his favour but in spite of that the FIR has been registered at Case Crime No. 301 of 2021 which culminated into preferring chargesheet against the applicants under Sections 3/5 of Prevention of Damages to Public Property Act, 1984. 4. Learned counsel for the applicants submits that entire proceedings once decided under the specific provision contained in the U.P. Revenue Code in shape of Section 67(1), there is hardly any cause of action available before the authorities for preferring the FIR for same cause of action against the same plot. 5. Per contra, learned A.G.A. has although vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants but did not disputed the judgment which has been rendered by 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), wherein proceedings initiated in spite of resorting Section 67 of the U.P. Revenue Code. 6. In the instant matter the peculiar fact which has been submitted by learned counsel that initially proceedings under Section 67 of the U.P. Revenue Code has been instituted and after being satisfied that there is hardly any cause of encroachment over public property by the applicants and the R.C. has been withdrawn and later on FIR has been instituted which culminated into charge- sheet dated 01.02.20222 which arises cause of action before the applicants for filing the instant application. 7. The fact of the case strictly against all cannons of fairness and the same is brazen in the eye of law. 8. In view of the aforementioned facts and circumstances, the proceeding in pursuance to Case No. 3887 of 2019 (State vs. Satyaprakash and Others) arising out of Case Crime No.301 of 2021, under sections 3/5 of Prevention of Damages to Public Property Act, 1984, Police Station-Maharajganj, District- Azamgarh are hereby quashed and set aside. 9. The application stands allowed accordingly. Order Date :- 7.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad