Neutral Citation No. - 2025:AHC-LKO:3338 Court No. - 12 Case :- APPLICATION U/S 482 No. - 255 of 2025 Applicant :- Dr. Vinay Kumar Jain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Prashant Kumar,Sarvesh Kumar Tiwari,Satish Gulati Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. In pursuance to the order dated 13.01.2025, Shri Sharad Singh, Tehsildar Nawabganj, Barabanki, Shri Brijendra Bahadur, Lekhpal Nawabganj, Barabanki and Shri Mridul Mayank Pandey, Sub Inspector, Kotwali Nagar, Barabanki are present in person before this Court today. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been filed with the following prayer:- "1. To quash the summoning order dated 05.11.2024 passed in Criminal Case No. 37882 of 2024 (State of U.P. Vs Dr. Vinay Kumar Jain) by Learned Chief Judicial Magistrate, Barabanki in pursuant to the Chargesheet filed in FIR No. 460 of 2024 lodged U/s 2/3 of The Prevention of Damage to Public Property Act, 1984 at P.S. Kotwali Nagar, Barabanki, District-Barabanki. 2. To quash the Charge-Sheet dated 19.07.2024 allegedly filed against the Applicant in respect of the FIR No. 460 of 2024 lodged U/s. 2/3 of The Prevention of Damage to Public Property Act, 1984 at P.S. Kotwali Nagar Barabanki, District- Barabanki on 25.05.2024 which pending for adjudication before Learned Chief Judicial Magistrate, Barabanki. 3. To drop the committal proceedings of the Criminal Case No. 37882 of 2024 (State of U.P. Vs Dr. Vinay Kumar Jain) pending before Learned Chief Judicial Magistrate, Barabanki which is arises out of the FIR No. 460 of 2024 lodged U/s 2/3 of The Prevention of Damage to Public Property Act, 1984 on 25.05.2024 against the applicant. 4. To stay the further proceedings in the Criminal Case No. 37882 of 2024 (State of U.P. Vs Dr. Vinay Kumar Jain) arising out of Case FIR No. 460 of 2024 lodged U/s 2/3 of The Prevention of damage to Public property Act, 1984, lodged at P.S. Kotwali Nagar Barabanki District- Barabanki on 25.05.2024. 5. To stay the entire proceedings of the Criminal Case No. 37882 of 2024 (State of U.P. Vs Dr. Vinay Kumar Jain) pending before Learned Chief Judicial Magistrate, Barabanki." 4. Learned counsel for the applicant submits that as per the F.I.R., the applicant is an encroacher of Non Z.A. land i.e. Gata No.315/3, measuring area 0.136 hectare situated at Village- Obari, Pargana and Tehsil- Nawabganj, District- Barabanki, though, it is not correct. Elaborating, it is stated that the applicant is in possession of the land in issue in terms of the order of this Court dated 14.02.2023 passed in Writ-A No.1000081 of 2015 (Dr. Vinay Kumar Jain Vs. State of U.P. Thru District Magistrate Barabanki and others). In relation to this order dated 14.02.2023, a review application was filed i.e. Civil Misc. Review Application Defective No.165 of 2023 (State of U.P. and others Vs. Dr. Vinay Kumar Jain) and the same was dismissed vide order dated 13.10.2023 and thereafter both these orders as also the order dated 22.09.2023 passed in Contempt Application (Civil) No.1470 of 2023) have been affirmed by the Hon'ble Apex Court vide order dated 24.11.2023 passed in Special Leave Petition (Civil) Diary No(s). 44267 of 2023 (State of UP through District Magistrate and Ors. etc. Vs. Vinay Kumar Jain). 5. It is further stated that without proper demarcation as per law including the provisions envisaged in the Uttar Pradesh Revenue Code Rules, 2016 (in short "Rules of 2016") made under Uttar Pradesh Revenue Code, 2006 (in short "Code, 2006"), the F.I.R. was lodged as also the charge sheet was filed by the Investigating Officer in the most mechanical manner. 6. It is further stated that in view of the aforesaid facts of the case as also the law on the issue, the interference of this Court is required. 7. Dr. V.K. Singh, learned A.G.A. based upon the instructions received from the officers present before this Court, in compliance of order dated 13.01.2025, stated that the demarcation was carried out, but proper report was not prepared. He also fairly stated that the proper action, if required, would be taken after proper demarcation and preparation of report as per law. 8. Considering the aforesaid as also the submissions made by learned Counsel for the parties, this Court is of the view that the present application is liable to be allowed and no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of F.I.R./ Case Crime No. 460 of 2024, indicated above, are hereby quashed. 9. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 16.1.2025 G. Singh/ Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench