Neutral Citation No. - 2025:AHC:68097 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21903 of 2024 Applicant :- Rambeer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.,Madhava Nand Shukla Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and Sri M.N. Shukla, learned counsel for opposite party no.2 as well as learned A.G.A for the State-respondent. 2. By means of the present application, applicant has sought quashing of order dated 23.05.2024 passed in Session Case No.773 of 2024 (State Vs. Rambeer), arising out of Case Crime No.31 of 2010, under Section 3/4 of Prevention of Damages to Public Property Act through discharge application preferred at the behest of applicant, was partly allowed by way of discharging him for the offence under Section 4 of Prevention of Damages to Public Property Act. 3. Brief facts of the present case are that a first information report dated 06.02.2010 bearing Case Crime No.31 of 2010 was lodged by opposite party no.2 in pursuance of Section of Prevention of Damage to Public Property Act, 1984 against applicant alleging that applicant has encroached illegally over some part of Gram Sabha land bearing gata nos.1054 and 1055 in shape of raising some constructions. Applicant had challenged the said FIR by way of filing Crl. Misc. Writ Petition No.2634 of 2010 before this Court wherein vide order dated 17.02.2010, Division Bench of this Court directed not to arrest the applicant till submission of chargeseeht. Thereafter the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 16.03.2010 against applicant which was challenged by applicant by way of filing Application U/S 482 No.32157 of 2010 before this Court which was disposed of by Coordinate Bench of this Court vide order dated 12.10.2010 directing the applicant to prefer discharge application. In pursuance of the said order, applicant preferred discharge application before the court concerned which was partly allowed by way of discharging him for the offence under Section 4 of Prevention of Damages to Public Property Act vide order dated 23.05.2024 which impugned the present petition. 4. Learned counsel for applicant has challenged the impugned order dated 23.05.2024 on several other ground inter-alia precisely on the ground that lodging of the first information report taking aid of provisions of the P.D.P.P. Act, 1984 is nothing but an abuse of process of the law, inasmuch as, the said provisions cannot be invoked to lodge a criminal case on the allegations of damage or loss caused to the Gram Sabha land. The court concerned has acted illegally and without application of judicial mind in deciding the discharge application preferred at the behest of applicant. 5. In any case, the question as to whether applicants had illegally encroached upon the land vested in Gram Sabha, can only be adjudicated by the Revenue Authorities. The proper proceeding for eviction of the unauthorized occupant can be undertaken under Section 67 of the Revenue Code, 2006. The short-cut procedure adopted by opposite party no.2 is nothing but with a view to harass the applicant. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but could not dispute the aforesaid arguments raised by learned counsel for applicant. 7. While dealing with similar issue, co-ordinate Bench of this Court vide order 6.8.2020 passed in Application u/s 482 no. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another), quashed the entire proceeding u/s 2/3 of Prevention of Damage to Public Property Act, 1984 and held that as far as criminal proceeding for illegal encroachment, damage or trespass over the land belonging to Gram Sabha is concerned, the same can be undertaken but it would be subject to the adjudication of rights of the parties over the land in dispute as the said determination can be done only by the revenue court. As far as the P.D.P.P. Act, 1984 is concerned, the same has been enacted with the specific purpose. the statement of objects and reasons of the said Act shows that it was enacted with a view to curb acts of vandalism and damage to public property including destruction and damage caused during riots and public commotion. 8. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicant pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The impugned order has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed. 9. Invoking inherent powers under Section 482 Cr.P.C., the entire criminal proceedings of Session Case No.773 of 2024 (State Vs. Rambeer), arising out of Case Crime No.31 of 2010, under Section 3/4 of Prevention of Damages to Public Property Act, P.S. Ratanuri, District Muzaffarnagar and order dated 23.05.2024 passed in the said case by learned Additional Sessions Judge, FTC- III, Muzaffarnagar, are hereby quashed. 10. The instant application stands allowed accordingly. Order Date :- 29.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad