Neutral Citation No. - 2025:AHC:35764 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7885 of 2025 Applicant :- Ramanand And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 21.08.2019 and the cognizance order dated 22.11.2019 passed by the learned Additional Chief Judicial Magistrate, Kanpur Nagar, as well as the entire criminal proceedings of Case No. 47946 of 2019, titled State v. Ramanand and another, arising out of Case Crime No. 192 of 2019, under Section 447 of IPC (Section 329(3) of BNS), and Sections 3/4 of the Prevention of Damage to Public Property Act, Police Station Bithoor, District Kanpur Nagar, pending before the learned Additional Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicants contends that the essential ingredients of Sections 3 and 4 of the Prevention of Damage to Public Property Act are not made out against the applicants, even on a plain reading of the FIR. It is further submitted that the cognizance order has been passed in a mechanical manner and in a stereotyped proforma without application of judicial mind, rendering the cognizance order legally unsustainable. 4. Per contra, learned A.G.A. submits that the FIR was registered by the Lekhpal, with specific allegations that the applicants had encroached upon public land. It is further submitted that upon inspection, the public pathway was restored by the authorities. However, the applicants, with the assistance of other co-villagers, again encroached upon the said public land, thereby causing damage to public property. 5. After considering the submissions made by the learned counsel for the parties and upon perusal of the material on record, this Court finds that a prima facie case is made out against the applicants. The allegations mentioned in the FIR are specific and are duly corroborated by the materials available on record. The contentions raised on behalf of the applicants pertain to disputed questions of fact, which cannot be adjudicated at this stage and are liable to be examined during the course of the trial. 6. The impugned cognizance order does not suffer from any apparent legal infirmity or perversity warranting interference under the inherent jurisdiction of this Court. Therefore, this Court does not find any justifiable ground to quash the proceedings at this stage. 7. Accordingly, the application under Section 482 Cr.P.C. is dismissed. Order Date :- 10.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad