HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7115 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shailendra Kumar, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing the entire proceedings of Case No. 55 of 2020 (State vs. Anil Kumar Gupta and Another) arising out of Case Crime No. 09 of 2019, Under Section 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station Nevadhiya, District Jaunpur pending in the Court of Civil Judge (S.D.)/F.T.C., Jaunpur as well as the impugned cognizance order dated 01.02.2020 and chargesheet no. 11/2019 dated 11.02.2019. 3. Brief facts of the case is that opposite party no. 2 has lodged an FIR against applicant along with his father on 02.02.2019 which is registered at Case Crime No. 09 of 2019, Under Section 3/5 of Prevention of Damage to Public Property Act, 1984 alleging therein that the land bearing Arazi no. 861 measuring 0.125 hectares, situated in Village Doudi, Pargana and Tehsil Madiyahun, District Jaunpur, is recorded in the revenue records as 'Chak Marg' and has been duly demarcated. The applicant and his father have encroached the 'Chak Marg' land by constructing a wall, despite it having been vacated earlier in the presence of the Tehsildar, Madiyahun, Jaunpur. Despite repeated warnings, they have failed to remove the said wall from the 'Chak Marg' land. The applicant has, thus, caused damage and loss to the public property which is the land vested in Gram Sabha. After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 11.02.2019 against applicant, whereupon learned court concerned has taken cognizance of offence vide order dated 01.02.2020, which impugned the Versus Counsel for Applicant(s) : Dharmendra Kumar, Shailendra Kumar Counsel for Opposite Party(s) : G.A. Arun Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) present petition. 4. Learned counsel for the applicant has submitted that the proceeding has already been initiated against the applicant under Section 67 of the Revenue Code, 2006, wherein certain penalties has been imposed and the same has been deposited and whatever the encroachment has been alleged against the applicant, has already been removed and as such, the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid arguments raised by learned counsel for applicant. 6. After having the rival submissions of learned counsel for parties and perusal of the material available on record, this Court finds that the proceeding has already been initiated against the applicant under Section 67 of the Revenue Code, 2006, wherein certain penalties has been imposed and the same has been deposited and whatever the encroachment has been alleged against the applicant, has already been removed and as such, the learned court concerned was not justified in taking cognizance and summoned the applicant. Thus, the impugned summoning order is not sustainable and is liable to be set-aside. 7. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 55 of 2020 (State vs. Anil Kumar Gupta and Another) arising out of Case Crime No. 09 of 2019, Under Section 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station Nevadhiya, District Jaunpur pending in the Court of Civil Judge (S.D.)/F.T.C., Jaunpur as well as the impugned cognizance order dated 01.02.2020 and chargesheet no. 11/2019 dated 11.02.2019, are hereby set-aside. 8. Accordingly, the application u/s 528 BNSS is allowed. September 25, 2025 #Vik/- NA528 No. 7115 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad