Neutral Citation No. - 2025:AHC:22064 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3352 of 2025 Applicant :- Abdul Hai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Khalid Ansari,Qaisar Kamal Ansari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Qaisar Kamal Ansari, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the applicant arising out of Case No. 14082 of 2024 (State vs. Abdul Hai), Charge Sheet dated 03.06.2024, arising out of Case Crime No. 49 of 2024, under Section 323, 504, 506, 427 IPC, Police Station Rampur Karkhana, District Deoria and cognizance/summoning order 25.10.2024, passed by Chief Judicial Magistrate, Court No. 17, Deoria. 3. Learned counsel for the applicant submits that though the first information report under Sections 323, 504, 506, 427 IPC sought to be lodged by the opposite party no.2 contains an allegation that on 5.3.2024 at 9.00 a.m. the applicant demolished the wall and also hurled abuses and resorted to scuffle but in reality the applicant is the owner of the Arazi No.411 area 0.069 hectare and further the opposite party no.2 wants to encroach the same. He further submits that no such incident occurred however, the land of the applicant is being sought to be used for the public purpose without raising any acquisition as per law. 4. Learned AGA on the other hand submits that the issues with the applicant seeks to raise are factual in nature which cannot be gone into in the present proceedings. 5. I have heard learned counsel for the parties and gone through the records and in the opinion of the facts since only factual issues are involved as to whether the wall had been brooking or there is an encroachment and further the FIR disposing offences. 6. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. 7. At this stage, learned counsel for the applicant submits that the applicant shall move discharge application to which learned AGA submits that in case a discharge application is being preferred with the same shall be decided strictly in accordance with law. 8. In the opinion of the Court, this Court has no reason to disbelieve that in case the discharge application is being preferred then the same shall be decided with most expedition strictly in accordance with law as per the law of the land taking into account the facts and law on the subject. Order Date :- 17.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad