Neutral Citation No. - 2025:AHC:75729 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3834 of 2025 Applicant :- Ram Suchit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh,Sanoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ram Bahadur Singh along with Sri Sanoj Kumar, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 13.02.2024 bearing charge sheet no. 24 of 2024 as well as cognizance order dated 24.10.2024 passed in Criminal Case no. 796 of 2024 (State vs. Ram Suchit and others) arising out of Case Crime no. 378 of 2023 under sections 3, 5 of Prevention of Damage to Public Property Act, 1984, PS- Phoolpur, District Ganga Nagar (Commissionerate Prayagraj), pending before court of Judicial Magistrate, Court no. 4, Allahabad. 3. Learned counsel for applicants submitted that ancestral house of applicants were situated at plot no. 385 area 0.3940 which is recorded as 'Navin Parti' in revenue records. Since due to dilapidated condition, the said house collapsed and applicants started construction of the same which was objected by the villagers and other revenue authorities who stated that the said plot is recorded as 'Navin Parti' hence applicants cannot raise construction over the same but the area Revenue Inspector asked for some bribe from applicants, if they wanted to continue the construction. Thereafter, on application of applicant no. 3, the anti-corruption team arrested the Revenue Inspector taking bribe and FIR was lodged against him bearing Case Crime no. 180 of 2023 under Section 7 of Prevention of Anti-Corruption Act, 1988. 4. Aggrieved by the act and conduct of the revenue authorities and villagers, applicant no. 2 filed a suit before learned court of Civil Judge (Junior Division) Sharki, Prayagraj which was registered as Original Suit no. 2815 of 2023 seeking permanent injunction and direction in favour of defendants to not interfere in the peaceful possession of applicants over the plot in question. The said suit is still pending before learned concerned court. Infuriated with the act of applicant no. 2 regarding filing of civil suit, the then area Lekhpal lodged the present FIR under Section 3, 5 of Prevention of Damage to Public Property Act, 1984 and after conclusion of investigation, charge has been submitted whereupon learned court of Judicial Magistrate-4, Allahabad took cognizance vide order dated 24.10.2024 which has been challenged through the instant application. 5. It is contended by learned counsel for applicants that cognizance order dated 24.10.2024 has been passed by learned court concerned without application of judicial mind and hence the same is liable to be quashed. Applicants are permanent resident of the village where plot in question is situated and they were just constructing their ancestral house which had collapsed due to heavy rain. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and supported the order impugned along with charge sheet. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the plot in question has been registered and entered in the revenue records as 'Navin Parti' which solely belongs to Gaon Sabha and it is admitted fact of applicants that the construction whatsoever has been raised and objected at the behest of applicants and responding authorities respectively is over the property belongs to Gaon Sabha itself and as such proceeding initiated against the applicants is justified. No other argument has been raised by learned counsel for the applicants but the reliance has been taken over the property whereupon the ancestral house was already constructed but after being dilapidated due to passage of time, the same has been intended to re-construct over the same plot which solely belongs to Gaon Sabha (Public Property). In any manner, any construction or possession cannot be held as justified in favour of the applicants over public property. 8. In view of aforementioned facts and circumstances, there is hardly any scope of interference at this stage. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 9.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad