Neutral Citation No. - 2025:AHC:110805 Court No. - 79 Case :- APPLICATION U/S 482 No. - 40545 of 2013 Applicant :- Urvesh Alias Chhotey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh,Rakesh Pathak Counsel for Opposite Party :- Govt .Advocate Hon'ble Prashant Kumar,J. 1. Learned counsel for the applicant made a statement that the stay is continuing. 2. On perusal of file it reveals that the stay extension application was filed on 2.8.2024 but thereafter the interim order was not extended. 3. The F.I.R. was lodged on 6.6.2013, alleging that the applicant has illegally encroached on the Gaon Sabha land. After investigation the charge-sheet was filed on 22.6.2013 and summons were issued. The applicant has filed the instant application seeking quashing of the entire proceedings. 4. Learned counsel for the applicant submits that the property in respect of which criminal proceedings have been initiated against the applicant is not covered under the definition of the public property as defined under 16(2)(b) of Prevention of Damages to Public Property Act, 1984. He further submits that there is no encroachment on the property. He further submits that the land was recorded in his favour and there is no question of any encroachment. 5. Per contra, learned A.G.A. submits that the applicant had raised wall on the pond which was the Gaon Sabha land. 6. Heard learned counsel for the parties and perused the record. 7. It is pure disputed question of fact whether the land was of Gaon Sabha or not which cannot be seen in this proceeding and can only be ascertain after adducing evidence. 8. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 and in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 9. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgements mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 10. However it is open for the applicant to take all its defence in the trial. 11. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 10.7.2025 Kpy Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad