Neutral Citation No. - 2025:AHC:141637 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2848 of 2025 Applicant :- Pushpendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Luvkush Dixit, learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the impugned chargesheet dated 04.11.2023 and cognizance/summoning order dated 08.04.2024 including the entire proceedings of Case No. 8993 of 2024 (State vs. Ranjeet Singh and Another) arising out of Case Crime No. 196 of 2023, under sections 3/4 of Prevention of Damage to Public Property Act, 1984 and Sections 447 and 427 IPC, Police Station Salempur, District Bulandshahar pending in the Court of Additional Chief Judicial Magistrate (Senior Division)/Additional Chief Judicial Magistrate, Bulandshahar as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicants submitted that opposite party no. 2-Gram Pradhan has lodged an FIR against applicants on 18.09.2023 which is registered at Case Crime No. 196 of 2023, under sections 3/4 of Prevention of Damage to Public Property Act, 1984 and Sections 447 and 427 IPC. It is the argument raised by learned counsel for the applicants that Gram Pradhan is having no authority or competence to prefer FIR against the person whosoever commits any offence which has been defines under sections 3/4 of Prevention of Damage to Public Property Act, therefore the impugned charge-sheet dated 04.11.2023 submitted by concerned investigating officer and the cognizance/summoning order dated08.04.2024 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicants may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, this Court finds that the learned court concerned was not justified in taking cognizance and summoned the applicants. Thus, the impugned summoning order is not sustainable and is liable to be set-aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 8993 of 2024 (State vs. Ranjeet Singh and Another) arising out of Case Crime No. 196 of 2023, under sections 3/4 of Prevention of Damage to Public Property Act, 1984 and Sections 447 and 427 IPC, Police Station Salempur, District Bulandshahar pending in the Court of Additional Chief Judicial Magistrate (Senior Division)/Additional Chief Judicial Magistrate, Bulandshahar, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 19.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad