Neutral Citation No. - 2025:AHC:40877 Court No. - 74 Case :- APPLICATION U/S 482 No. - 25996 of 2024 Applicant :- Harinath And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Chaurasia,Mukul Pandey,Satyendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Criminal Case No. 12428 of 2021 (State vs. Harinath & Others) arising out of Case Crime No. 192 of 2020, Under Section 278 IPC and Section 15 of Environment (Protection), 1986, Police Station Bhatni, District Deoria pending in the Court of Civil Judge (S.D.)/FTC-I, Deoria as well as the impugned cognizance order dated 09.09.2021 and chargesheet dated 13.12.2020. 3. Learned counsel for the applicants submitted that opposite party no. 2 has lodged an FIR against applicants on 08.11.2020 which is registered at Case Crime No. 192 of 2020, under Section 278 IPC and Section 15 of Environment (Protection), 1986. As per prosecution story, from the satellite location, the Joint Team of Revenue and Consolidation and Agriculture Department made spot inspection and found that the applicants, who are the owner of the land, have sown the crop of paddy and burn the 'parali' in the field. It is submitted by learned counsel for the applicants that no such incident as alleged by the complainant has ever taken place and the complainant has lodged false FIR because the applicants could not fulfill the illegal demands made by the complainant. It is further stated that the applicants are innocent and have not committed any offence. Learned counsel for the applicants further submitted that the applicants were willing to plough the paddy so that it became the natural fertilizer but before doing the same, some unknown person thrown the burning 'bidi' due to which the small peace of paddy got fired. It is also submitted by learned counsel for the applicants that they have not voluntarily vitiate the atmosphere and has not made it noxious to the health of person in general dwelling, therefore the impugned charge-sheet dated 13.12.2020 submitted by concerned investigating officer and the cognizance/summoning order dated 09.09.2021 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicants may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that the applicants have deliberately and knowingly burnt their paddy which causes irreparable loss to the Environment and after getting the satellite location, the Joint Team of Revenue and Consolidation and Agriculture Department inspected the place and after detailed inquiry, it was found that the applicants have burnt their paddy in their field, thereafter on the direction of the Sub-Divisional Magistrate, Deoria, the present FIR has been lodged. It is further submitted that after considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, this Court finds that the learned court concerned was not justified in taking cognizance and summoned the applicants. Thus, the impugned summoning order is not sustainable and is liable to be set-aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Criminal Case No. 12428 of 2021 (State vs. Harinath & Others) arising out of Case Crime No. 192 of 2020, Under Section 278 IPC and Section 15 of Environment (Protection), 1986, Police Station Bhatni, District Deoria pending in the Court of Civil Judge (S.D.)/FTC-I, Deoria as well as the impugned cognizance order dated 09.09.2021 and chargesheet dated 13.12.2020, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 20.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad