Neutral Citation No. - 2025:AHC:83537 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15283 of 2025 Applicant :- Janki And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Present application has been preferred with the prayer to quash the entire criminal proceedings of Criminal Case no. 1014 of 2024 (State vs. Pran Singh & others) arising out of Case Crime no. 51 of 2024, under sections 147, 323, 353, 447, 504, 506 IPC and Section 2/3 Public Property Damages Prevention Act, 1984, PS- Azim Nagar, District Rampur pending in court of Additional Chief Judicial Magistrate, IInd, Rampur, as well as impugned charge sheet no. 58 of 2024 dated 14.03.2024 including the cognizance order dated 26.09.2024 passed by learned Additional Chief Judicial Magistrate, IInd, Rampur. 3. Learned counsel for applicants submitted that FIR was lodged by opposite party no. 4/Halka Lekhpal on dated 22.02.2024 at Case Crime no. 0051 of 2022 under sections 147, 323, 353, 447, 504, 506 IPC and Section 2/3 of Public Property Damages Prevention Act, 1984, against the present applicants over the allegation of encroachment by applicants over chak road which is Gaon Sabha land. When opposite party no. 4 objected, all the applicants attacked him. After conclusion of investigation, charge sheet has been submitted against the applicants whereupon cognizance has been taken by learned court concerned vide impugned order dated 26.09.2024. 4. It is contended by learned counsel for applicants that proceeding has already been initiated under Section 67 of U.P.Revenue Code, 2006 against father of applicant no. 9 prior to preferring the instant FIR and the similar proceeding is still pending against the applicants also. Learned counsel for applicants submitted that once the proceeding has been initiated against the father of the applicant no. 9 in respect of same plot, the FIR preferred at the behest of State implicating applicants is not at all justified. The short-cut procedure adopted by the Lekhpal of the village concerned is nothing but with a view to harass the applicants. No notice has ever been served upon applicants in pursuance to Section 441 IPC. For substantiating his arguments, learned counsel for applicants relied upon judgment dated 6.8.2020 rendered by co-ordinate Bench of this Court in case of Application u/s 482 no. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another). 5. Per contra, learned AGA submitted that the proceeding which is put under challenge is having certain more sections such as 323, 353, 447, 504, 506 IPC and as such entire proceeding cannot be set aside only at the behest of proceedings initiated against father of the applicant no.9 for same plot number in pursuance to Section 67 of U.P.Revenue Code, 2006. 6. After hearing the rival submissions extended by learned counsel for the parties, certain things are necessary to examine and deal with the strict parameters available in law, such as implication of the applicants under Section 447 IPC is dependent upon mandatory notice under Section 441 IPC as per the State Amendment, but there is hardly any case that the notice has ever been issued before lodging FIR against the applicants. 7. In the view of aforesaid discussion and in the light of judgment rendered by co-ordinate Bench of this Court in case of Munshi Lal (supra),entire proceedings arising out of Criminal Case no. 1014 of 2024 (State vs. Pran Singh & others) arising out of Case Crime no. 51 of 2024, under sections 147, 323, 353, 447, 504, 506 IPC and Section 2/3 Public Property Damages Prevention Act, 1984, PS- Azim Nagar, District Rampur are hereby quashed only in respect of applicants herein. 8. So far as sections 147, 323, 504, 506, 353 IPC are concerned, it is the personal injury caused to the concerned person and the same cannot be corroborated and attached with the proceedings which is not permissible in the eye of law and as such informant/opposite party no.4 will be at liberty to proceed afresh either by way of registering fresh FIR/prefer complaint against the applicants and the same shall be dealt in the strict provisions of law by concerned court. 9. The instant application stands allowed accordingly. Order Date :- 16.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad