Neutral Citation No. - 2025:AHC:114645-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7835 of 2025 Petitioner :- Ram Kripal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Shivendra Nath Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the parties. This writ petition has been filed for quashing of the First Information Report dated 26.3.2025 registered as Case Crime No. 110 of 2025 under sections 2,3,5 of Prevention of Damage to Public Property Act, 1984, P.S. Raunapar District Azamgarh. On 23.4.2025 following order has been passed:- "1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 26.3.2025 registered as Case Crime No.110 of 2025, under Sections 2, 3, 5 of the Prevention of Damage to Public Property Act, 1984, at Police Station Raunapar, District Azamgarh. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submits that the exhaustive procedure is given under Section 67(1) of the U.P.Revenue Code, 2006 (hereinafter referred to as 'Code-2006') for removal of encroachment upon the public utility land. In the instant case, in an arbitrary manner without taking recourse, certain demolition has been carried out by the revenue authority, which was subject matter of challenge before the learned Single Judge in Writ C No.803 of 2024 ( Bhimal Yadav Vs. State of U.P and 6 others) seeking a direction to the authorities to take appropriate action against the officer/officials of Tehsil Sagri, District Azamgarh, who have illegally demolished the construction of the petitioner without adopting any procedure of law, situated over Arazi No. 3387 and 3388, at Village Devara, Nainojot (Nai Basti), Tehsil Sagri, District Azamgarh. In the said proceeding, learned Single Judge had passed the detailed order on 18.3.2024 and allowed the writ petition with cost of Rs.1,00,000/-(Rupees one lac) as damages be granted to the petitioner by the State Government. Against the said cost, the State Government has preferred Special Appeal (Defective) No. 847 of 2024 (State of U.P. and 6 others Vs. Bhimal Yadav). The Division Bench of this Court vide order dated 10.12.2024 has stayed the cost of Rs.1,00,000/-( rupees one lac) as damages, imposed by learned Single Judge and the matter is still pending for consideration. 4. Learned counsel for the petitioner in this backdrop submits that even though matter is seized before the Division Bench, in most arbitrary manner later on, the FIR has been lodged just to harass the petitioner. Learned counsel submits so far as the findings returned by learned Single Judge in paragraphs 9 and 10 of the judgment dated 18.3.2024, the same has not been stayed by the Division Bench. In this backdrop, the precise case has been set up before us that in case the authorities were inclined to remove the construction or to carry out any demolition, the same is to be taken in accordance with law. Instead of taking legal recourse, the FIR has been lodged in arbitrary manner in spite of the fact the observation made by learned Single Judge has not been upset by the Division Bench, which is nothing but misuse of process of law and the same is liable to be quashed by this Court. 5. Per contra, learned AGA for State resisted the relief on the ground that during investigation the complicity of the petitioner had been found and accordingly the chargesheet has been prepared which is in process to be submitted before the competent court. 6. Considering the factual situation as emerging from the record, we find that the learned Single Judge has passed the detailed order on 18.3.2024. The said order has been stayed only to the extent of cost by the Division Bench. In the facts and circumstances of the case, lodging of FIR is totally misuse of process of law and such practice cannot be appreciated. 7. Let the Superintendent of Police as well as Investigation Officer concerned file their personal affidavits in the matter explaining therein under what circumstances in spite of the order passed by learned Single Judge dated 18.3.2024, which has not been stayed by the Division Bench only to the extent of cost, the impugned FIR is lodged. 8. Put up this matter again as fresh on 1.5.2025 for further hearing. 9. Let a copy of this order be supplied to learned AGA-I free of cost today itself for necessary compliance". In compliance of the aforesaid order, personal affidavit has been filed by the Sub-Inspector of Police P.S. Raunapar District Azamgarh and another personal affidavit has been filed by Senior Superintendent of Police, Azamgarh.In both the affidavits they have stated that they were not aware of the earlier order passed by this court before lodging of First Information Report. They have tendered their unconditional and unqualified apology for inconvenience caused to this court. In view of the above, First Information Report is quashed. The writ petition is allowed. Order Date :- 16.7.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad