Neutral Citation No. - 2025:AHC:42663 Court No. - 52 Case :- APPLICATION U/S 482 No. - 9219 of 2021 Applicant :- Ankur Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Singh,Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Ajay Kumar Singh, learned counsel for the applicant, Mr. Deepak Kapoor, learned A.G.A. for the State and perused the record. 2. Despite notice to opposite party no.2, no one has put in appearance on his behalf. The matter is of the year 2021, therefore, is being finally decided. 3. By means of the present applicant, the applicant seeks for quashing of the charge-sheet dated 30.09.2020, summoning order dated 10.02.2021 as well as entire proceedings of Criminal Case No.437 of 2021 (State Vs. Ankur Rai), arising out of Case Crime No.364 of 2020, under Sections 447, 448 I.P.C. and 3/5/7 of Prevention of Damage to Public Property Act, Police Station Kopaganj, District Mau, pending in the court of Chief Judicial Magistrate, Mau. 4. Learned counsel for the applicant submits that allegation of illegal encroachment over Plot No.402 area 0.036 hectare which is a land vested in Gaon Sabha has no legs to stand as the alleged tube-well had been installed since long for which the none of the State-authorities/district authorities have never lodged any complaint against the applicants either by criminal proceedings or civil proceedings against the applicant. Thereafter they have initiated civil proceedings being case no. 03048 of 2020 under Section 67of U.P. Revenue Code-2006, wherein they have directed eviction of the applicants from the land in question and imposed penalty of Rs. 1000/-. 5. Learned counsel for the applicants has invited the attention of the Court to an order passed by a Coordinate Bench of this Court dated 6th August, 2020 passed in Application U/S 482 No.9964 of 2020 (Munshi Lal and another Vs. State of U.P. and another). In the said case on similar allegation a criminal case under Section 447 I.P.C. and Section 2/3 of the Prevention of Damage to Public Property Act, 1984 had been initiated against the applicants in that case, in which charge-sheet had been submitted and applicants approached this Court by means of the aforesaid application under Section 482 Cr.P.C. By the order dated 6th August, 2020 has quashed the entire proceedings of the above criminal case. 6. On the above premise, learned counsel for the applicant submits that since the case of the present applicant is more or less identical to that of the aforesaid persons, the applicant is also entitled for the same relief. 7. Learned A.G.A. could not dispute the aforesaid submission made by counsel for the applicant. 8. Having considered the submissions made by the learned counsel for the parties and having gone through the records of the present application, I find substance in the submission made by the learned counsel for the applicant that the period of installation of tube-well on the gram sabha land is too long back for which the applicant is not responsible inasmuch as the criminal case initiated on similar allegation being case crime no. 850 of 2017 has already been quashed by a Coordinate Bench of this Court. The applicant is also entitle for the same relief. 9. In view of the above, invoking inherent powers under Section 482 Cr.P.C. the entire criminal proceedings of Criminal Case No.437 of 2021 (State Vs. Ankur Rai), arising out of Case Crime No.364 of 2020, under Sections 447, 448 I.P.C. and 3/5/7 of Prevention of Damage to Public Property Act, Police Station Kopaganj, District Mau, pending in the court of Chief Judicial Magistrate, Mau, is hereby quashed. 10. The instant application stands allowed. Order Date :- 20.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad