Neutral Citation No. - 2025:AHC:117532 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15326 of 2025 Applicant :- Asharfi Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amlesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred to quash the entire proceeding of Criminal Case Old No.12607 of 2019 (New No.3081 of 2023) (State vs. Asharfi Devi) arising out of Case Crime No.232 of 2019, under section 431 I.P.C. and sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Phulpur, District- Azamgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh, including charge-sheet dated 10.09.2019 and cognizance order dated 25.11.2019 as well as last summoning order dated 18.03.2025. 3. Brief facts of the present case are that a first information report dated 03.09.2019 bearing Case Crime No.232 of 2019 was lodged by opposite party no.2 in pursuance to section 431 I.P.C. and sections 3/5 of Prevention of Damage to Public Property Act, 1984 against applicant with an allegation that by way of filling in both the sides of canal, i.e., Sharda Sahayak Khand-32 of minor Shekhpur Pipari from 1.300 km and mixed it in her field, she has caused damage to the said canal, wherein after concluding the investigation, concerned investigating officer preferred charge- sheet on dated 10.09.2019 against applicant, whereupon learned court concerned has taken cognizance of offence vide order dated 25.11.2019, which impugned the present application. 4. As far as sections 3/5 of Prevention of Damage to Public Property Act, 1984 is concerned, learned counsel for applicant submits the with regard to property in question from where the said canal is passed, an original suit is already pending for seeking permanent injunction, wherein applicant is one of the party and for the same cause of action no other criminal proceedings can be initiated against the applicant. For substantiating his submissions, learned counsel for applicant sought the attention of Court over section 71 of The Northern India Canal and Drainage Act, 1873, which is as under :- "71. Saving of prosecution under other laws. - Nothing hereinafter contained shall prevent any person from being prosecuted under any other law for any offence punishable under this Act." Provided that no person shall be punished twice for the same offence." 5. Considering the above submissions as well as section 71 of The Northern India Canal and Drainage Act, 1873, proceedings in pursuance to sections 3/5 of Prevention of Damage to Public Property Act, 1984 may be quashed by this Court against the applicant. 6. So far as section 431 I.P.C. is concerned, learned counsel for applicant sought the attention of Court over the definition of section 431 I.P.C., which deals with, that whoever commit mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for traveling or conveying property, and specific allegation which is apparent from the narration of F.I.R. itself, the same is for damaging canal, which is not inevitable in nature and as such section 431 I.P.C. is not applicable also. 7. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the above submissions as well as the definitions as made by learned counsel for applicant. 8. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record as well as highlighting the section 71 of Canal Act and the definition of section 431 I.P.C., the arguments raised by learned counsel for applicant seems to be justified and as such the proceedings initiated against the applicant in the instant matter is not sustainable in the eye of law. 9. In view of aforementioned facts and circumstances of the case, the entire proceedings in shape of Criminal Case Old No.12607 of 2019 (New No.3081 of 2023) (State vs. Asharfi Devi) arising out of Case Crime No.232 of 2019, under section 431 I.P.C. and sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Phulpur, District- Azamgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh, including charge-sheet dated 10.09.2019 and cognizance order dated 25.11.2019 is hereby quashed and set- aside. 10. The instant application stands allowed accordingly. Order Date :- 18.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad