Neutral Citation No. - 2025:AHC:43316 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9349 of 2025 Applicant :- Bibhuti Narayan Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhupendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Bhupendra Singh, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding as well as summoning order dated 15.07.2023 in Case no. 0660 of 2023 (State vs. Krishna Kumar & others) arising out of the impugned charge sheet dated 01.11.2022 pending in the court of learned Judicial Magistrate, II, Prayagraj in Case Crime no. 0172/2020, under Section 3/5 of Prevention of Damage to Public Property Act, 1984, PS- Bahriya, District Prayagraj. 3. Learned counsel for applicants submitted that initially FIR has been lodged at Case Crime no. 0172 of 2020 on dated 01.07.2020 with specific allegation against applicants along with certain other persons for encroachment over the property which has been entered in revenue records as pond/barren land which pertains to State, wherein the specific plot no. 1344 measuring about 0.639 hectare have been alleged to be encroached by applicants which is recorded in revenue record as "banjar". After conducting detailed investigation, wherein certain report has been received from concerned revenue authorities, specifically by concerned Lekhpal, charge sheet has been preferred on dated 01.11.2022 against the applicants in pursuance to Section 3/5 of Prevention of Damage of Public Property Act, 1984. 4. Learned court of Judicial Magistrate, II, Prayagraj took cognizance over the charge sheet vide order dated 15.07.2023 and due to non-appearance in pursuance to summoning order dated 15.07.2023, it culminated into non-bailable warrant issued against the applicants on dated 19.12.2023 itself. 5. On precise query, it is fairly admitted by learned counsel for the applicants that even in spite of non-bailable warrant which has been issued way back in the year 2023 itself, till today applicants never appeared before learned concerned court. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition. 7. Be that as it may, without interfering into the merits of the matter, one month time is hereby extended in favour of the applicants to appear before learned court concerned in pursuance to order dated 15.07.2023. However, it is made clear that till one month from today, no coercive action shall be initiated against the applicants. 8. The instant application stands disposed of accordingly. Order Date :- 24.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad