Neutral Citation No. - 2025:AHC:90005 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14941 of 2025 Applicant :- Chandan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet no.92 of 2024 dated 02.11.2024 along with cognizance order dated 20.02.2025 and the entire proceedings of Case No.654 of 2025 (State vs. Chandan Singh) arising out of Case Crime No.96 of 2024, under section 329(3) BNSS and sections 2/3 of Prevention of Damages to Public Property Act, P.S. Rajepur, District- Farrukhabad, pending before learned court of Additional Chief Judicial Magistrate/Civil Judge (S.D.), Fast Track Court, Farrukhabad. 3. It is the case of applicant that an F.I.R. has been lodged against him by opposite party no.2, namely, Shyam Babu, Regional Lekhpal Rajepur Rathauri, with an allegation that applicant has illegally encroached the Gram Sabha land/Chakroad, i.e., Arazi no.732, area 0.0040 hectare by way of making some constructions, wherein after conduction of detail inquiry, concerned Investigating Officer submitted charge-sheet against the applicant on dated 02.11.2024 in pursuance to section 329(3) BNSS and sections 2/3 of Prevention of Damages to Public Property Act, whereupon cognizance of offence has been taken up by learned court concerned vide order dated 20.02.2025, which impugned the present application. 4. Learned counsel for the applicant submitted that although the report has been submitted by concerned Lekhpal on dated 12.10.2024, through which the nature of land has been restored to its original state, but the F.I.R. has been preferred against the applicant on dated 15.09.2024, i.e., before the date of submission of report by concerned Lekhpal which has been submitted on Tehsil Diwas. 5. Otherwise also the matter pertains to invoking provision contained under section 67(1) of U.P. Revenue Code, 2006, which has been dealt in judgement dated 06.08.2020 passed by co- ordinate Bench of this Court in Application u/s 482 no. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another). 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application, but could not dispute the aforesaid arguments raised by learned counsel for applicant. 7. While dealing with similar issue, co-ordinate Bench of this Court vide order 6.8.2020 passed in Application u/s 482 no. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another), quashed the entire proceeding u/s 2/3 of Prevention of Damage to Public Property Act, 1984 and held that as far as criminal proceeding for illegal encroachment, damage or trespass over the land belonging to Gram Sabha is concerned, the same can be undertaken but it would be subject to the adjudication of rights of the parties over the land in dispute as the said determination can be done only by the revenue court. As far as the P.D.P.P. Act, 1984 is concerned, the same has been enacted with the specific purpose. The statement of objects and reasons of the said Act shows that it was enacted with a view to curb acts of vandalism and damage to public property including destruction and damage caused during riots and public commotion. 8. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicant pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The cognizance/summoning order dated 20.02.2025 has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed. 9. In view of aforementioned facts and circumstances of the case, the entire proceeding initiated against the applicant in shape of Case No.654 of 2025 (State vs. Chandan Singh) arising out of Case Crime No.96 of 2024, under section 329(3) BNSS and sections 2/3 of Prevention of Damages to Public Property Act, P.S. Rajepur, District- Farrukhabad is hereby set-aside. 10. The instant application stands allowed accordingly. Order Date :- 27.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad