Neutral Citation No. - 2025:AHC:106687 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21434 of 2025 Applicant :- Sayeed Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Harish Chandra Mishra,Narendra Mohan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Narendra Mohan, learned counsel for applicant and learned AGA. 2. The present application has been preferred challenging chargesheet no.319/2020 dated 29.08.2020 and cognizance as well as summoning order dated 27.08.2021 along with entire proceedings of Case No.1315 of 2021 (State Vs. Raghuhath), arising out of Case Crime No.568 of 2019, under Section 3/5 of Prevention of Damage to Public Property Act, Police Station Kareli, District Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad. 3. It is the case of applicant that initially a complaint was preferred under Section 70 of Northern India Canal and Drainage Act, 1873 (in short "Act, 1873") being Case No.10 of 2019 on dated 15.11.2019 against applicant wherein he was summoned vide order dated 07.12.2020 and in pursuance to the same, applicant put his appearance before learned court concerned and granted bail. The said case is still pending to be finally adjudicated by learned court concerned. On usual dates, when applicant was appearing before learned trial court concerned in the said case, it was came into his knowledge that one more matter is pending wherein applicant was implicated in pursuance of Case Crime No.568 of 2019 under Section 3/5 of Prevention of Damage to Public Property Act, 1984 (in short "Act, 1984") for same cause of action i.e. for encroaching over canal situated within the jurisdiction of Police Station Kareli, District Prayagraj, wherein chargesheet has already been preferred on dated 29.08.2020 whereupon cognizance of offence was taken by learned court concerned on dated 27.08.2021 which rises cause of action in favour of applicant to prefer the present application. 4. Learned counsel for applicant has submitted that it is the case of double jeopardy which has been instituted by opposite parties against applicant since the applicant is already facing trial in pursuance of Case No.10 of 2019, under Section 70 of Act, 1873 and as such, there is hardly any justification for implicating the applicant in Case Crime No.568 of 2019, under Section 3/5 of Act, 1984. 5. Per contra, learned AGA vehemently opposed the argument raised by learned counsel for applicant and submitted that some time may be extended in his favour for filing counter affidavit but no useful purpose will be served by way of keeping this matter pending when it is apparent from the records that for same case of action, two separate proceedings have been initiated by way of implicating the applicant in two different proceedings, firstly in pursuance of Section 70 of Act, 1873 and secondly, in pursuance of under Section 3/5 of Act, 1984. 6. Once the applicant has already put his appearance in pursuance of summoning order issued under the first proceeding instituted at the behest of opposite party under Section 70 of the Act, 1873, there is hardly any justification to continue the subsequent proceedings in shape of Section 3/5 of Act, 1984. 7. In view of the aforesaid facts and circumstance, chargesheet no.319/2020 dated 29.08.2020 and cognizance as well as summoning order dated 27.08.2021 along with entire proceedings of Case No.1315 of 2021 (State Vs. Raghuhath), arising out of Case Crime No.568 of 2019, under Section 3/5 of Prevention of Damage to Public Property Act, Police Station Kareli, District Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad, are hereby set aside. 8. Accordingly, the instant application is allowed. 9. However, it is made clear that opposite party/concerned authorities will be at liberty to pursue Case No.10 of 2019 wherein applicant is properly cooperating with trial. Order Date :- 7.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad