Neutral Citation No. - 2025:AHC:54919 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12317 of 2025 Applicant :- Dhoom Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Sisodia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Gaurav Sisodia, learned counsel appearing on behalf of applicant and learned AGA for the State. Opposite party no. 2, being Lekhpal need not to be issued notice, since he is hereby represented by learned AGA himself. 2. Present application has been preferred with the prayer to quash/set aside the entire proceeding, including impugned charge sheet and cognizance order dated 02.01.2022 and 01.11.2022 of Criminal Case no. 5385 of 2022 (State vs. Dhoom Singh) Case Crime no. 760 of 2021 under Section 3 of Prevention of Damage to Public Property Act, 1984, PS- Faridpur, District- Bareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly. 3. Factual matrix of the matter derives that initially proceeding under Section 67 of U.P.Revenue Code, 2006 has been initiated against the applicant which culminated into order dated 21.02.2023 through which it has been determined that the applicant was in illegal possession over plot nos. 360, 361, 362,363, 364, 365, 366, 367, 368, 369ka and 355 situated at village Raipur Tokman, Tehsil Faridpur, District Bareilly. Being aggrieved with the determination order dated 21.02.2023, applicant preferred appeal but the same was also dismissed vide order dated 19.10.2023 which rises cause of action in favour of applicant for preferring Writ Petition no. 6594 of 2024 through which both the orders dated 21.02.2023 and 19.10.2023 have been put under challenge. Considering the prayer made through Writ Petition no. 6594 of 2024, co-ordinate Bench of this Court prima facie observed that matter required consideration and opportunity for filing counter affidavit has been extended in favour of respondents (State) and operation of the order dated 21.02.2023 and 19.10.2023 has been stayed till the next date of listing vide order dated 29.02.2024. Learned counsel for the applicant informed that order dated 29.10.2024 is still operative since no fresh order has been passed after order dated 29.02.2024. 4. During pendency of the proceeding under Section 67 of U.P.Revenue Code, 2006, one FIR has been registered at Case Crime no. 205 of 2024 in pursuance to sections 447 IPC and Section 2 and 3 of Prevention of Damage to Public Property Act, 1984 wherein the applicant has been implicated as an accused. Being aggrieved with the criminal proceedings initiated during pendency of the proceeding under Section 67 of U.P.Revenue Code, 2006, the same was also challenged by way of filing Criminal Misc. Writ Petition no. 8097 of 2024 and Division Bench of this Court quashed the FIR dated 19.04.2024 at Case Crime no. 205 of 2024 vide judgment and order dated 24.05.2024 which was also related to the same plot numbers mentioned above. 5. In the trailing event, the instant FIR which has been lodged prior to FIR dated 19.04.2024 culminated into preferring charge sheet, whereupon cognizance of offence has been taken up by learned court of Chief Judicial Magistrate, Bareilly on dated 01.11.2022 which impugned the present application along with entire proceeding in pursuance to Case Crime no. 760 of 2021 since the same is only at the behest of same plot numbers wherein the dispute is still pending to be finally adjudicated by co-ordinate Bench of this Court wherein the interim order has already been granted vide order dated 29.02.2024. 6. Learned counsel for the applicant while challenging the criminal proceedings initiated against the applicant in shape of Case Crime no. 760 of 2021, relied upon judgment rendered by co-ordinate Bench of this Court in case of Munshi Lal and another vs. State of U.P. and another reported in AIRONLINE 2020 ALL 1765. 7. Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant on several other grounds inter alia precisely on the ground that once the determination has already been drawn during proceeding under Section 67 of U.P.Revenue Code, 2006 which clearly shows that the applicant is already over illegal possession pertaining to the plot belongs to Gaon Sabha, the order passed by learned Chief Judicial Magistrate on dated 01.11.2022 is not having any infirmity and the instant application is liable to be dismissed. 8. After hearing the rival submissions extended by learned counsel for the parties, one thing is crystal clear that the entire proceeding whatsoever has been determined against the applicant through proceeding under Section 67 of Code of 2006 has already been stayed by co-ordinate Bench of this Court vide order dated 29.02.2024 and as such no presumption can be drawn for initiating proceeding in any manner whatsoever, irrespective of criminal or civil proceeding and as such impugned cognizance order dated 01.11.2022 along with entire proceeding in pursuance to Case Crime no. 760 of 2021 is nothing but the misuse of the process of law. The entire action of the authorities of the State which is represented herein as opposite party no. 2 shall be dependent upon the outcome of the Writ C no. 6594 of 2024. Before final adjudication of above mentioned writ petition, no proceeding in reference of the same plot numbers against the applicant will be sustainable in the eye of law. 9. In view of aforementioned facts and circumstances, entire proceeding arising out of Case Crime no. 760 of 2021 under Section 3 of Prevention of Damage to Public Property Act, 1984, PS-Faridpur, District- Bareilly are hereby quashed and set aside, only in respect of applicant. 10. The instant application stands allowed accordingly. Order Date :- 15.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad