Neutral Citation No. - 2025:AHC:23942 Court No. - 76 Case :- APPLICATION U/S 482 No. - 22789 of 2024 Applicant :- Sahukar And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manoj Pathak Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the cognizance/summoning order dated 06.05.2024, charge sheet no. 346 of 2023 dated 31.12.2023, as well as entire proceedings of Criminal Case No. 536 of 2024, titled State v. Sahukar and others, arising out of Case Crime No.168 of 2014, under Section 3 of Prevention of Damages to Public Property Act, 1984, P.S. Gonda, District Aligarh. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with an ulterior motive. According to the allegations made in the FIR, earthwork was carried out by the Gram Pradhan over 1/4th of the area of Chak Road No. 190, with a total area of 0.164 hectares, under the MNREGA Scheme. The measurement of the said earthwork was conducted by the Revenue Inspector and Lekhpal on 08.06.2013. However, the information, under the Right to Information Act, obtained from the Block Development Officer, Gonda, Aligarh, indicates that the earthwork was actually carried out on Chak Road No.178 under the MNREGA Scheme in Gram Panchayat Rudayan @ Tarapur. Furthermore, there is no record of any earthwork being conducted on Chak Road No. 190, nor any estimate for such work was ever prepared. As such, the allegations of illegal encroachment and removal of earth on Chak Road No. 190 are entirely false and frivolous. Learned counsel further submits that after completing investigation, the Investigating Officer has filed Final Report on 06.09.2014. 4. Per contra, learned A.G.A. has opposed the application and submitted that a survey was conducted by the Revenue Inspector and the Lekhpal, during which it was found that the applicant had encroached upon the Chak road. The encroachment was removed thrice, despite that the applicant is continuing to encroach upon the said land. 5. After hearing the learned counsel for the applicant, the learned A.G.A. for the State, and having perused the material available on record, it is prima facie observed that the FIR was registered on the complaint of the Lekhpal. It is further noted that during the investigation, no incriminating evidence was found, therefore, the police filed a closure report. However, the applicant has been summoned based on the protest petition filed by the complainant. No illegality or impropriety has been noticed in the impugned order however the disputed questions of facts needs to be tested during the trial; therefore, no case for quashing the impugned proceedings has been made out. 6. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 18.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad