Neutral Citation No. - 2025:AHC:82296 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17379 of 2025 Applicant :- Motilal Patel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Babu Pal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Gyan Babu Pal, learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred for quashing charge- sheet no.100 of 2016 dated 02.09.2016 along with cognizance order dated 06.12.2016 and the entire proceedings of Case No.7130 of 2016 (State vs. Motilal Patel and Others) arising out of Case Crime No.173 of 2016, under sections 3/4 of Prevention of Damage to Public Property Act, P.S. Charwa, District- Kaushambi, pending before learned court of Chief Judicial Magistrate, Kaushambi. 3. It is the case of applicant that initially an F.I.R. has been lodged against the applicants at Case Crime No.173 of 2016, under sections 3/4 of Prevention of Damage to Public Property Act, wherein after conduction of detail investigation, concerned Investigating Officer preferred charge-sheet on dated 02.09.2016 by way of implicating all the applicants, whereupon learned court concerned took cognizance of offence on dated 06.12.2016, through which both the applicants have been summoned in pursuance to sections 3/4 of Prevention of Damage to Public Property Act and thereafter as per the arguments raised by learned counsel for applicant, it is transpired that charges have already been framed and the matter is pending at the stage of leading evidences. 4. Learned counsel for applicant submitted that he is seeking parity with the order dated 06.02.2024 passed in Application u/s 482 Cr.P.C. No.47082 of 2023 (Surajkali @ Phoolmati vs. State of U.P. and Another), wherein the interim protection in shape of no coercive action shall be taken against the applicant, has been granted by co-ordinate Bench of this Court. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant on the ground that the parity of order dated 06.02.2024 sought by applicant is not applicable in the instant matter, since the adjudication made by co-ordinate Bench of this Court in Case Crime No.17 of 2018, the stage of the trial was only upto the stage of taking cognizance of offence by concerned Magistrate, but in the instant matter cognizance order was passed way back in the year 2016 itself and by the passage of time, trial has been proceeded upto the stage of leading evidences and as such the facts of matter are entirely different to this case. 6. 6. After having rival submissions extended by learned counsel for the parties, the arguments raised by learned A.G.A. is much convincing and once the charges have already been framed in the instant matter and the same is not put under challenge through the application preferred at the behest of applicant, the entire facts in shape of grounds, evidences and statement recorded by prosecution and defence witnesses can only be adjudicated and determined in positive or negative in favour of applicant during trial itself. 7. In view of aforementioned facts and circumstances, no grounds available to interfere in the proceedings put under challenge and as such the instant application is hereby dismissed. Order Date :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad