Neutral Citation No. - 2025:AHC:61311 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43562 of 2024 Applicant :- Brijbhushan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Aqeel Ahmad learned counsel for applicant and learned AGA for the State-respondent. 2. Vide order dated 03.04.2025, this Court passed the following order:- "1. Heard Sri Aqeel Ahmad, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred for quashing the charge-sheet dated 27.05.2024, cognizance/summoning order dated 15.07.2024 passed by learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh as well as the entire proceedings of Criminal Case No.15377 of 2024 (State vs. Brijbhushan Yadav) arising out of Case Crime No.181 of 2024, under sections 2/3/5 of U.P. Prevention of Damages to Public Property Act, 1984, P.S. Phoolpur, District- Azamgarh. 3. Learned counsel for the applicant submitted that initiation of Case Crime No.181 of 2024 in shape of lodging F.I.R. against the applicant, which has been challenged through Criminal Misc. Writ Petition No.7401 of 2024 (Brijbhushan vs. State of U.P. and 2 Others) has been quashed and the writ petition allowed vide judgement and order dated 21.05.2024 and the same has been apprised to concerned police station personally by the applicant; in spite of the same charge-sheet has been preferred in Case Crime No.181 of 2024 on dated 27.05.2024. 4. Continuance of the proceedings in pursuance to F.I.R. lodged at Case Crime No.181 of 2024 once held as not sustainable by Division Bench of this Court, then under which circumstances the charge-sheet has been preferred by concerned Investigating Officer on dated 27.05.2024, i.e., after passing judgement dated 21.05.2024 upon which learned court concerned has taken cognizance vide order dated 15.07.2024. 5. Considering the above facts and circumstances of the case, the matter is directly defiance of the order passed by Division Bench of this Court and as such it would be proper to call personally the concerned Investigating Officer. 6. In view thereof, Sub-Inspector Ganesh Chandra Yadav, posted at District Azamgarh is hereby directed to appear in person before this Court on the next date fixed. 7. Registrar (Compliance) is hereby directed to ensure service of this order upon Senior Superintendent of Police (Azamgarh) for necessary compliance. 8. Put up this matter as fresh on 15.04.2025. 9. Till the next date of listing, operation of the order dated 15.07.2024 shall remain stayed." 3. In compliance of the said order as well as order dated 15.04.2025, Sub-Inspector Ganesh Chandra Yadav and Circle Office, Phoolpur, Azamgarh are present in person before this Court. 4. On precise query, Sub-Inspector Ganesh Chandra Yadav informed that judgment dated 21.05.2024 passed by Division Bench of this Court in Criminal Misc. Writ Petition No.7401 of 2024 (Brijbhushan vs. State of U.P. and 2 Others), was not in his knowledge which culminated into submission of chargesheet and the same was not deliberate and as such, he had been ignorant of the latest outcome of the fact in shape of judgment dated 21.05.2024. 5. The explanation submitted by Sub-Inspector Ganesh Chandra Yadav might be in the nature of any ignorance of factual information available to him but at the same time, concerned Investigating Officer must be cautious with regard to the proceedings whatsoever are taking place before courts of law and the same cannot be presumed that the concerned Investigating Officer is ignorant about any proceedings whatsoever is happening before any courts of law in connection with the same case crime number wherein the concerned Investigating Officer has been deputed to conduct investigation. 6. The action of Sub-Inspector Ganesh Chandra Yadav although comes under the ambit of disobedience of the orders passed by Division Bench of this Court but at the same time, once it has been apologized and admitted before this Court that he was not having the knowledge of the orders passed by Division Bench of this Court as well as the same has also not been apprised to him by learned AGA or by learned counsel for applicant himself. 7. In view thereof, apology tendered by Sub-Inspector Ganesh Chandra Yadav is accepted and his personal appearance along with Circle Office, Phoolpur, Azamgarh are hereby dispensed with. 8. In pursuance of judgment dated 21.05.2024 passed by Division Bench of this Court in Criminal Misc. Writ Petition No.7401 of 2024 (Brijbhushan vs. State of U.P. and 2 Others), charge-sheet dated 27.05.2024, cognizance/summoning order dated 15.07.2024 passed by learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh as well as the entire proceedings of Criminal Case No.15377 of 2024 (State vs. Brijbhushan Yadav) arising out of Case Crime No.181 of 2024, under sections 2/3/5 of U.P. Prevention of Damages to Public Property Act, 1984, P.S. Phoolpur, District- Azamgarh, are hereby quashed. 9. The present application is allowed accordingly. Order Date :- 22.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad