HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9629 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Shashank Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the records. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the summoning order dated 14.09.2011 passed by learned Judicial Magistrate-IInd, District Gonda as well as the charge sheet bearing no. 63 of 2011, in Case Crime No. 145 of 2011, under Section 3(2) Prevention of Damage to Public Property Act, 1984, Police Station Nawabganj, District Gonda. 3. By the F.I.R. in question, lodged against the applicants, it is alleged that the applicants illegally encroached upon Gata No. 360, area 0.190 H., which is recorded in the revenue records as a playground. After investigation in the aforesaid case, the Investigating Officer submitted a charge sheet against six accused persons, including the applicants, under Section 3(2) of the Prevention of Damage to Public Property Act, 1984. At this stage, learned counsel for the applicants has relied upon the judgment in Munshi Lal and Another vs. State of U.P. and Another, passed in Application under Section 482 Cr.P.C. No. 9964 of 2020, decided on 06.08.2020, wherein the entire proceedings under Section 3(2) of the Prevention of Damage to Public Property Act, 1984, were quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but could not dispute the aforesaid arguments raised by learned counsel for applicant. Versus Counsel for Applicant(s) : Shashank Shukla, Prachi Shukla Counsel for Opposite Party(s) : G.A. Arjun And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 5. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicants pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The cognizance/summoning order dated 14.09.2011 has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed. 6. Invoking inherent powers under Section 482 Cr.P.C. of the High Court, entire proceedings of the Case Crime No. 145 of 2011, under Section 3(2) Prevention of Damage to Public Property Act, 1984, Police Station Nawabganj, District Gonda is hereby quashed only in respect of applicants namely Arjun and Mangroo @ Raj Mangal. 7. The instant application stands allowed. November 15, 2025 Manoj A482 No. 9629 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench