HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 42648 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred to quash the charge-sheet dated 17.03.2018, cognizance/summoning order dated 10.12.2021 and the entire proceeding of Criminal Case No.7202 of 2021 (State vs. Harendra) arising out of Case Crime No.50 of 2018, under sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Ghughali, District- Maharajganj, pending in the Court of learned Judicial Magistrate, Maharajganj as well as to stay the further proceedings of abovementioned case. 3. At the very outset, it has been apprised that the allegation whatsoever has been put forward through the narration of F.I.R. against the applicant has been sort through instructions in respect of latest facts, which has been responded by learned A.G.A. that the entire encroachment whatsoever has been alleged, has been removed and the penalty has already been deposited by the applicant in pursuance to determination drawn by competent authority and the proceeding initiated against him in pursuance to section 67 of U.P. Revenue Code, 2006 and as such no cause of action is available to prosecute the applicant in pursuance to sections 3/5 of Prevention of Damage to Public Property Act, 1984. 4. Considering the instructions as well as the facts highlighted by learned A.G.A., the entire proceedings initiated against the applicant in shape of Criminal Case No.7202 of 2021 (State vs. Harendra) arising out of Case Crime No.50 of 2018, under sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Ghughali, District- Maharajganj, pending in the Versus Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Harendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Court of learned Judicial Magistrate, Maharajganj, including charge-sheet dated 17.03.2018 and cognizance/summoning order dated 10.12.2021, are hereby quashed and set-aside. 5. The instant application stands allowed accordingly. September 4, 2025 Saif A482 No. 42648 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad