Neutral Citation No. - 2025:AHC:119573 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19731 of 2025 Applicant :- Ajay Kesari Alias Krishna Kesari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuvansh Misra,Tushar Kant 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 entire proceedings of Criminal Case No.13242 of 2024 (State vs. Chetan Pal and Others) under sections 379, 120B I.P.C. and section 3 of The Prevention of Damage to Public Property Act, 1984 arising out of Case Crime No.158 of 2024, P.S. Robertsganj, District- Sonbhadra including charge-sheet dated 04.08.2024 and cognizance/summoning order dated 05.11.2024 passed by learned Chief Judicial Magistrate, Sonbhadra. 3. On previous occasion, specific time has been extended in favour of learned A.G.A. for seeking instructions over the specific issue as raised by learned counsel for applicant that once the statement of co-accused has been relied upon for implication of applicant in Case Crime No.158 of 2024, but at the same time it is apparent from the record that the owner of stones loaded in the truck which has been confiscated belongs to the applicant, then under which circumstances trial will be commenced against the applicant in pursuance to sections 379, 120B I.P.C. along with section 3 of The Prevention of Damage to Public Property Act, 1984. 4. It is submitted by learned counsel for applicant that applicant is having a stone crusher plant, which has been registered against the name of his mother and as such it is quite obvious that the same has been sold in favour of any person, but may not be basis of implication of applicant in Case Crime No.158 of 2024 in pursuance to statement recorded and supported by one of the co- accused. 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 without having any specific instructions as directed earlier. 6. Considering the arguments raised by learned counsel for the parties, one thing is crystal clear that neither the applicant was apprehended at the time of confiscation of truck, nor any particular documents have been demanded by the applicant during the course of investigation, but after implication of applicant, charge-sheet has been preferred whereupon cognizance of offence has been taken up by learned court concerned on dated 05.11.2024 through which applicant has been summoned in pursuance to sections 379, 120B I.P.C. and section 3 of The Prevention of Damage to Public Property Act, 1984, but the same is not at all attracting specifically against the applicant, the applicant has been implicated only on the basis of statement recorded of one of the co-accused which indicated that the material loaded in the truck in shape of stone belongs to applicant and once the applicant is conducting stone crusher which is quite obvious that certain stones released from the stones crusher belongs to the applicant and in that situation sections 379, 120B I.P.C. will not be attracted and there is no allegation in respect of damaging property relates to the State/ 7. In view of aforementioned facts and circumstances of the case, the entire proceedings initiated in pursuance to Criminal Case No.13242 of 2024 (State vs. Chetan Pal and Others) under sections 379, 120B I.P.C. and section 3 of The Prevention of Damage to Public Property Act, 1984 arising out of Case Crime No.158 of 2024, P.S. Robertsganj, District- Sonbhadra is hereby set-aside. 8. The instant application stands allowed accordingly. 9. However, it is made clear that this order shall not be given parity to any other co-accused, since all the other co-accused have been implicated in pursuance to sections 379, 411, 420, 467, 468, 471, 120B I.P.C. along with section 3 of The Prevention of Damage to Public Property Act, 1984, the allegation whatsoever has been put forward against other co-accused are entirely different with the allegation as fastened against the applicant. Order Date :- 22.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad