HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34762 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred to quash the charge-sheet no.123 of 2023 dated 10.07.2023, cognizance/summoning order dated 24.08.2023 and the entire proceeding of Case No.548 of 2023 (State vs. Dharmendra Kumar Tiwari) arising out of Case Crime No.156 of 2023, under section 447 IPC and sections 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Machhali Shahar, District- Jaunpur, pending in the Court of learned Additional Chief Judicial Magistrate IInd, Jaunpur as well as to stay the further proceedings of above-mentioned case. 3. Brief facts of the present case are that a first information report dated 27.06.2023 bearing Case Crime No.156 of 2023 was lodged by opposite party no.2 in pursuance to section 447 IPC and sections 2/3 of Prevention of Damage to Public Property Act, 1984 against applicant alleging that applicant has made encroachment over the land recorded as naveen parti to the said village by way of illegal construction. The applicant had, thus, caused damage and loss to the public property which is the land vested in Gram Sabha. After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 10.07.2023 against applicant, whereupon learned court concerned has taken cognizance of offence vide order dated 24.08.2023, which impugned the present application. 4. At the very outset, learned counsel for applicant submitted that over the said allegation, a proceeding has already been initiated against the applicant Versus Counsel for Applicant(s) : Dan Bahadur Yadav Counsel for Opposite Party(s) : G.A. Dharmendra Kumar Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) in pursuance to section 67 of U.P. Revenue Code, 2006, which has been culminated into order order dated 02.01.2024 passed by Tehsildar, Machhali Shahar for evicting the illegal possession whatsoever has been carried out by the applicant and the same has been upholded by District Magistrate, Jaunpur vide order dated 16.12.2024. 5. 5. Having been orders passed by concerned Tehsildar and the concerned District Magistrate, both the orders have been put under challenge by the applicant in Writ-C No.7256 of 2025 (Dharmendra Kumar vs. State of U.P. and 3 Others), wherein interim protection has already been granted by co- ordinate Bench of this Court vide order dated 11.03.2025. 6. Learned counsel for applicant submitted that once the matter has already been pending for final adjudication, there was no occasion available before the opposite party no.2 for preferring F.I.R., which has been lodged at Case Crime No.156 of 2023, wherein charge-sheet has already been submitted on dated 10.07.2023, whereupon cognizance of offence has been taken up by learned court concerned on dated 24.08.2023. Learned counsel for applicant further submitted that once the specific provision of section 67 of U.P. Revenue Code, 2006 has already been invoked, then this is malicious prosecution wherein the applicant has been dragged into unwarranted criminal litigation. 7. Learned A.G.A. however oppose the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant, but did not dispute the fact that proceeding under section 67 of U.P. Revenue Code, 2006 has already been initiated, wherein although orders dated 02.01.2024 and 16.12.2024 passed by Tehsildar, Machhali Shahar and District Magistrate, Jaunpur respectively have been stayed, meaning thereby if any alleged possession has been carried out over the property pertains to Gram Sabha, which is available in the narration of F.I.R., the same will not be permitted at the behest of opposite party no.2 to initiate fresh criminal proceedings against the applicant. 8. In view of aforementioned facts and circumstances of the case, the entire proceeding of Case No.548 of 2023 (State vs. Dharmendra Kumar Tiwari) arising out of Case Crime No.156 of 2023, under section 447 IPC and sections 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Machhali Shahar, District- Jaunpur, pending in the Court of learned Additional Chief Judicial Magistrate IInd, Jaunpur including charge-sheet NA528 No. 34762 of 2025 2 no.123 of 2023 dated 10.07.2023 and cognizance/summoning order dated 24.08.2023 are hereby quashed. 9. The instant application stands allowed accordingly. September 11, 2025 Saif NA528 No. 34762 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad