Neutral Citation No. - 2025:AHC:138135 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26016 of 2025 Applicant :- Ram Pravesh And 20 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Kumar Kashyap, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash charge sheet dated 14.12.2024 as well as entire proceedings of Case no. 6985 of 2025 (State vs. Ram Pravesh and others) under sections 329(3), 324(3) of BNS and section 2/3 of Prevention of Damages to Public Property Act arising out of Case Crime no. 217 of 2024, PS- Amaria, District Pilibhit and also cognizance order dated 29.05.2025 whereby learned Chief Judicial Magistrate, Pilibhit took cognizance against the applicants, pending in court of Chief Judicial Magistrate, Pilibhit. 3. While assailing entire proceeding arising out of Case Crime no. 217 of 2024, learned counsel for applicants sought the attention of the Court over the narration of the FIR through which it has been transpired that there is hardly any permanent encroachment carried out by the villagers who have been implicated as accused in the instant matter, rather the land is undisputedly acquired by State Government of U.P. for Industrial purposes and transferred to Uttar Pradesh State Industrial Development Corporation Authority and the same was unutilised and without having any specific usage for which the same has been acquired which prompted certain villagers of the same village to start cultivation of paddy and only one seasonal crop of paddy has been sown and extracted profit out of the same. No further use has been carried out by the applicants. Learned counsel for the applicants further submitted that there is no damage to property as in which the applicants have been implicated. 4. Per contra, learned AGA submitted that the action carried out by the applicants was deliberate one with having full knowledge that the land over which they entered has already been acquired for the industrial purposes and as such implication of the applicants are justified and the same shall be outcome of the trial which is pending before learned court concerned. 5. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the land has been acquired for a long back and the same has been unutilised for the purpose which prompted certain villagers who have been implicated as accused and who are the applicants before this Court, to only enter into the property and sow the paddy crop and extracted profit in shape of cultivation only. Although use of property as mentioned in the FIR is not for agricultural purpose but for Industrial development but in any case, once the same was unutilised the common villagers entered into the property only for the purpose of extracting yield of the same and they cannot be put under Section 2/3 of Prevention of Damages to Public Property Act. The legal recourse available before the authorities concerned who are custodian of the said property is to proceed in shape of recovery of certain damages, if caused, otherwise the applicants cannot be implicated in a proper criminal litigation who are having no criminal history related to them. 6. In view of aforementioned facts and circumstances, entire proceeding arising out of Case no. 6985 of 2025 (State vs. Ram Pravesh and others) under sections 329(3), 324(3) of BNS and section 2/3 of Prevention of Damages to Public Property Act arising out of Case Crime no. 217 of 2024, PS- Amaria, District Pilibhit against the applicants herein are hereby set aside. However, it is made clear the authorities concerned may proceed, if required to realize the damages, if any, against the applicants in the strict compliance of the civil proceedings. 7. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 13.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad