Neutral Citation No. - 2025:AHC:83908 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 38726 of 2024 Applicant :- Ram Chandra And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mukesh Kumar, learned counsel for applicants and learned A.G.A for the State-respondent. 2. By means of the present application, applicants has sought quashing of the charge sheet dated 15.03.2022 as well as cognizance order dated 13.04.2022 passed by learned Chief Judicial Magistrate, Farrukhabad and entire proceeding of Case no. 1194 of 2022 (State vs. Ram Baran and others) under Section 3/4 of Prevention of Public Property Damages Act, 1984, PS- Rajepur, District Farrukhabad arising out of Case Crime no. 360 of 2021 pending in court of learned Chief Judicial Magistrate, Farrukhabad in so far it relates to the applicants. 3. Brief facts of the present case are that a first information report dated 19.12.2021 bearing Case Crime No.360 of 2021 was lodged by Lekhpal/opposite party no.2 in pursuance of Section 3/4 of Prevention of Damage to Public Property Act, 1984 against applicants and one other co-accused alleging that applicant and the other co-accused has encroached illegally over some part of plot which is Gram Sabha land. The applicant had, thus, caused damage and loss to the public property which is the land vested in Gram Sabha. After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 15.01.2022 against applicants whereupon learned court concerned has taken cognizance/summoning of offence vide order dated 13.04.2022 which impugned the present petition. 4. Learned counsel for applicant has challenged the chargesheet as well as cognizance/summoning order 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 3/4 of the P.D.P.P. Act, 1984. 5. In any case, the question as to whether applicant 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 Lekhpal of the village concerned is nothing but with a view to harass the applicants. It is also submitted that the authorities have initiated proceeding against the applicants, however, over the same issue this Court has granted interim order on dated 08.01.2024 passed in Writ Petition no. 42766 of 2023. 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 3/4 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 13.04.2022 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 528 BNSS of the High Court, entire proceedings of the Case Crime no. 360 of 2021, PS- Rajepur, District Farrukhabad is hereby quashed only in respect of applicants namely Ram Chandra and Ram Baran. 10. The instant application stands allowed. Order Date :- 19.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad