Neutral Citation No. - 2025:AHC-LKO:5277 Court No. - 28 Case :- APPLICATION U/S 482 No. - 5378 of 2017 Applicant :- Smt. Shashi Sharma And Ors. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr. Counsel for Applicant :- Rajeev Prakash Saxena Counsel for Opposite Party :- Govt. Advocate,Abhinav Mishra,Ganga Prasad Mishra Hon'ble Brij Raj Singh,J. 1. Case called out in revised-list. 2. No one is present for the respondent. 3. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record. 4. The present application has been filed seeking quashing of the criminal proceedings of Criminal Complaint No. 7822 of 2015, Sant Prasad Tiwari v. Senior Superintendent of Police, Lucknow, & ors., under Section 447 of the IPC, pending in the Court of Chief Judicial Magistrate, Lucknow, including the summoning order dated 06.02.2016 passed therein. 5. The sole submission of the counsel for the applicants is that in terms of the U.P. Amendment under Section 447 IPC, it is incumbent for attracting the prosecution under Section 441 IPC that for prosecution for criminal trespass, it is essential that a notice in writing should be duly served upon the person who is alleged to have caused criminal trespass, whereas in the present case, no such notice was served and a complaint case has been wrongly filed. 6. Section 441 IPC, as amended in the State of U.P., is as under:- "441. Criminal Trespass.- Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice, is said to commit criminal trespass." 7. Considering the basic ingredients for allegation of criminal trespass, being missing and there being no denial, prima facie, a case is made out for quashing. The said issue was also considered by this Court in the following cases:- (i) Naeem Ahmad Siddiqui @ Mohd. Naeem Siddiqui (2024:AHC-LKO:82955). (ii) Rahtu Lal @ Rahtu Ram @ Divyanand and 4 others (2015:AHC-LKO:4225). 8. Considering and following the law as laid down in the judgements, noted herein above, the proceedings of Criminal Complaint No. 7822 of 2015, Sant Prasad Tiwari v. Senior Superintendent of Police, Lucknow, & ors., under Section 447 of the IPC, pending in the Court of Chief Judicial Magistrate, Lucknow, including the summoning order dated 06.02.2016 passed therein, is quashed. Accordingly the application is allowed. (Brij Raj Singh, J.) Order Date :- 27.1.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench