Neutral Citation No. - 2025:AHC:78546 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30057 of 2024 Applicant :- Shyamlal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Kumar,Surya Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rai Sahab Yadav, learned counsel for applicants and learned AGA for the State-respondent who already preferred counter affidavit after serving a copy of the same upon learned counsel for applicants wherein criminal history of certain others case have been mentioned wherein chargesheet has also been preferred. 2. The present application has been preferred challenging the chargesheet dated 23.05.2022 and summoning order dated 26.04.2024 as well as entire criminal proceedings of Criminal Case No.8798 of 2024 (State Vs. Talewar Singh and others), arising out of Case Crime No.149 of 2022, under Section 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station Jaithara, District Etah, pending in the court of learned Additional Chief Judicial Magistrate, Court No.8, Etah. 3. Learned counsel for applicants submitted that as per the narration available in the present FIR which culminated into submission of chargesheet on dated 23.05.2022 and the applicants have been implicated for the offence under Section 3/5 of Prevention of Damage to Public Property Act, 1984 but the allegation which has been put forward against them, is related to illegal excavation of sand from river (Kali) at Etah therefore there is hardly any damage caused to public property and as such, entire proceedings initiated against applicants, is bad in the eye of law. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that after institution of the present FIR, tractor of applicants has been confiscated which crystal clearly shows the involvement of applicants in illegal mining. 5. After having the rival contentions raised by learned counsel for parties, one thing is crystal clear that the entire allegation whatsoever has been put forward against applicants, specifically relates to illegal mining of certain minerals in shape of sand from the concerned river but there is hardly any case of Prevention of Damage to Public Property Act, 1984. 6. On precise query made before learned AGA, he submitted that no proceedings in pursuance to Section 22 of Mines and Minerals Act has ever been initiated against applicants. In sofar as confiscation of tractor of the applicants is concerned, learned counsel for applicants submitted that the same has already been released in favour of applicants on dated 31.05.2022. 7. In view of the said facts and circumstances and in light of the narration available in the FIR over which chargesheet has been preferred by the concerned Investigating Officer, no case is made out against applicants in pursuance Section 3/5 of Prevention of Damage to Public Property Act, 1984 and moreover, no proceeding has ever been initiated against applicants in pursuance of Section 22 of Mines and Minerals Act and as such, chargesheet dated 23.05.2022 and summoning order dated 26.04.2024 as well as entire criminal proceedings of Criminal Case No.8798 of 2024 (State Vs. Talewar Singh and others), arising out of Case Crime No.149 of 2022, under Section 3/5 of Prevention of Damage to Public Property Act, 1984, Police Station Jaithara, District Etah, pending in the court of learned Additional Chief Judicial Magistrate, Court No.8, Etah, are set aside. 8. Accordingly, the instant application is allowed. 9. However, it is made clear that this order shall not preclude the concerned authorities to initiate fresh proceedings against applicants, if required, in pursuance to strict provisions available at law. Order Date :- 13.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad