Neutral Citation No. - 2025:AHC:20955 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4218 of 2025 Applicant :- Rita Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meva Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed seeking quashing of Charge-Sheet No. 29/2024, dated 06.02.2024, the cognizance/summoning order dated 26.07.2024, as well as the entire proceedings of Case No. Nil of 2024, titled State v. Ramjit, arising out of Case Crime No. 429 of 2023, registered under Sections 3/4 of the Prevention of Damages to Public Property Act, 1984, at Police Station (P.S.) Kerakat, District Jaunpur, pending trial before the Additional Chief Judicial Magistrate-I, Jaunpur. 3. Learned counsel for the applicant submits that there is a civil suit pending between the complainant and the applicant before the Civil Judge, Junior Division, Jaunpur. It is further submitted that co-villagers of the applicant have filed affidavits in her favour, which were not considered by the investigating authorities during the course of the investigation. The applicant's counsel contends that in light of the pending civil case and the affidavits submitted by co-villagers, criminal proceedings should not have been initiated. 4. Per contra, learned A.G.A. submits that there are specific allegations against the applicant, that the applicant has damaged the Kharanja/Road constructed by the previous Village Pradhan using government funds. Therefore, the provisions of Section 3/4 of the Prevention of Damages to Public Property Act, 1984, are attracted. 5. In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. 6. Prima facie, this Court finds that the ingredients of Sections 3/4 of the Prevention of Damages to Public Property Act are made out, as there are specific allegations that the applicant has damaged a road constructed with government funds. Regarding the affidavits filed by the co-villagers in favour of the applicant, such affidavits can be tested and evaluated during the course of the trial. 7. In view of the above, the application under Section 482 Cr.P.C. is found to be without merit and is accordingly dismissed. Order Date :- 13.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad