Neutral Citation No. - 2025:AHC:61224 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9447 of 2025 Applicant :- Irshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Pratap Singh,Sharad Chand Rai Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sharad Chand Rai, learned counsel appearing on behalf of applicant and learned AGA for State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 18.11.2023 and summoning order dated 08.01.2024 and 15.02.2024 arising out of Case Crime no. 279 of 2023, under Section 186 IPC, section 2 and 3 of Prevention of Damage to Public Property Act, 1984, PS- Kotwali Dehat, District Bijnor on which without there being any application of judicial mind and perusal of the case diary the Court concern took cognizance on 08.01.2024 and entire/further proceeding of Criminal Case no. 41 of 2024 (State vs. Irshad) is pending in the court of learned Judicial Magistrate First, Nagina, Bijnor, District Bijnor initiated in pursuance of submission of charge sheet. 3. Learned counsel for the applicant submitted that initially a FIR has been preferred and the same has been registered at Case Crime no. 279 of 2023 on dated 12.10.2023 wherein the applicant has been specifically implicated in pursuance to Section 3/2 of Prevention of Damage to Public Property Act, 1984 as well as Section 186 of IPC. 4. Learned counsel for the applicant sought the attention of the Court over the narration of the FIR through which it is transpired that the entire allegation whatsoever has been put forward against the applicant is related to the encroachment carried out over the property which has been entered in the revenue records as enemy property in pursuance to order dated 23.02.2021 passed by concerned Assistant Collector, through which the revenue entries have been modified/entered in respect of plot no. 14 measuring area about 1.1840 hectare. 5. Learned counsel for the applicant submitted that in respect of entry made by Assistant Collector vide order dated 23.02.2021 the same has been put under challenge before concerned Sub Divisional Magistrate and thereafter before Divisional Commissioner but in both the stage defeated in shape of redressal of his grievances. Ultimately orders dated 23.02.2021 passed by Assistant Collector, 28.11.2023 passed by concerned Sub Divisional Magistrate, as well as order dated 12.02.2024 passed by Divisional Commissioner has been put under challenge by way of filing Writ C no. 8502 of 2024 (Sarfaraj Haidar and 5 others vs. State of U.P. and 4 others) before this Court. Co-ordinate Bench of this Court while entertaining the writ petition preferred at the behest of the applicant considered the matter for extension of interim relief and it was directed that operation and effect of all the three orders passed by revenue authorities shall remain stayed until further orders vide order dated 11.11.2024 which is available and appended to the instant application as Annexure no. 7, page no. 62 to 63. 6. Learned counsel for the applicant further submitted that once the operation of the orders specifically in respect of entry available in the revenue records for plot no. 14 situated at village Pitanhedi Jiya Par, Tehsil Nagina, District Bijnor has already been stayed by co-ordinate Bench of this Court, no proceeding can be initiated against the applicant in pursuance to the same plot number alleging that the applicant has encroached over the property which belongs to enemy property. 7. Per contra, learned AGA vehemently opposed the prayer as made in the application but did not disputed the fact specifically in respect of order dated 11.11.2024 passed by co-ordinate Bench of this Court in Writ C no. 8502 of 2024 through which the operation of the orders passed by respective revenue authorities in shape of Assistant Collector, SDM as well as Divisional Commissioner has already been stayed until further orders vide order dated 11.11.2024. 8. In view of aforementioned facts and circumstances, entire proceeding arising out of Case Crime no. 279 of 2023 shall be kept in abeyance and shall be subject to the outcome of final disposal of Writ C no. 8502 of 2024. 9. The instant application stands disposed of accordingly. Order Date :- 22.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad