Neutral Citation No. - 2025:AHC:131973 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 11910 of 2025 Applicant :- Abhishek Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghawendra Kumar Singh,Sandeep Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Raghawendra Kumar Singh, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 12.12.2023, cognizance/summoning order dated 29.07.2024 and the entire proceedings of Case No.12948 of 2024 (State vs. Abhishek Goyal) arising out of Case Crime No.297 of 2023, under section 447 I.P.C. and section 3/4 of Prevention of Damage to Public Property Act, 1984, P.S. Kotwali Dehat, District- Etah, pending before learned court of Chief Judicial Magistrate, Etah. 3. While assailing the entire proceedings initiated against the applicant, learned counsel for applicant submitted on the ground that proceeding under section 67 of U.P. Revenue Code, 2006 has already been initiated against the applicant and the same has been culminated into order dated 23.04.2025, through which it has been held in detail proceedings that there is hardly any illegal possession carried out by the applicant over the plot no.194 area 0.036 hectare and the notices issue against the applicant has been withdrawn and the proceeding were brought by way of consigning the file to records. 4. It is further submitted by learned counsel for applicant that in pursuance to F.I.R. wherein the applicant has been implicated for similar set of facts by way of mentioning same plot number although inquiry has been conducted by concerned investigating officer, but more or less it has ever been apprised to learned court concerned in respect of the pendency of matter before learned court of Tehsildar (Judicial), Tehsil Etah, District Etah at any point of time, which resulted into preferring charge-sheet as well as cognizance order dated 29.07.2024. 5. The grounds for seeking quashing for the entire proceedings as submitted by learned counsel for applicant that once the summary proceedings, it has already been proved that there is no illegal possession carried out by the applicant over the plot in dispute, then dragging the applicant into unwarranted litigation will be a misuse of process of law, which is unwarranted and uncalled for. 6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the fact of order dated 23.04.2025 passed by learned Tehsildar (Judicial), Tehsil Etah, District Etah. 7. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that similar controversy, wherein the F.I.R. has been lodged against the applicant and which travelled to the stage of summoning the applicant in pursuance to cognizance of offence taken up by learned court concerned, has already been adjudicated under the proceedings initiated at the behest of State under section 67 of U.P. Revenue Code, 2006, wherein order dated 23.04.2025 crystal clearly shows that the proceedings initiated against the applicant against criminal side is not sustainable in the eye of law, the finding recorded by the court of learned Tehsildar, Tehsil Etah, District Etah is arrived over the basis of report submitted by concerned revenue authorities in shape of team and thereafter no cause of action is available before the prosecution to implicate and initiate uncalled for proceedings specially criminal in nature against the applicant. 8. In view of aforementioned facts and circumstances, the entire proceedings initiated against the applicant in shape of Case No.12948 of 2024 (State vs. Abhishek Goyal) arising out of Case Crime No.297 of 2023, under section 447 I.P.C. and sections 3/4 of Prevention of Damage to Public Property Act, 1984, P.S. Kotwali Dehat, District- Etah, pending before learned court of Chief Judicial Magistrate, Etah, including charge-sheet dated 12.12.2023, cognizance/summoning order dated 29.07.2024, are hereby set-aside. 9. The instant application stands allowed accordingly. Order Date :- 5.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad