Gurmel Singh vs State Of U.P. And Another on 17 September, 2025

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Allahabad High Court

Gurmel Singh vs State Of U.P. And Another on 17 September, 2025

Bench: Saurabh Srivastava





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:167653
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 30831 of 2025   
 
   Gurmel Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Abhishek Trivedi, Rakesh Pathak   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 77
 
   
 
 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the parties.

2. Present application has been preferred with prayer to quash the entire proceedings of Criminal Case no. 4756 of 2025 (State vs. Gurmel Singh & another) arising out of Case Crime no. 0070 of 2025 under sections 324(2), 352 BNS and 2/3 of Prevention of Damage to Public Property Act, 1984, PS- Khutar, District Shahjahanpur, cognizance order as well as summoning order dated 15.07.2025 passed by learned Civil Judge (Junior Division)/Judicial Magistrate, Punwaya, Shahjahanpur and charge sheet no. 186/2025 dated 04.05.2025 in Case Crime no. 0070 of 2025.

3. On previous occasion, vide order dated 3.9.2025, learned AGA has been granted time for seeking instructions over the issue "in respect of demolition of the old dilapidated building of school, if situated over the plot no. 37 measuring area 0.1130 hectare which solely belongs to one Simranjeet Singh who is co-sharer of the same property? And whether the school is running in some another new building or the demolished old building was being used for school purpose or not?"

4. In pursuance to order dated 03.09.2025 specific stand has been received by learned AGA specifically in respect of school building which has been newly constructed in place of the old and dilapidated building situated over the plot which pertains to the mother-in-law of the applicant and the same is not disputed.

5. Allegation against applicant in the FIR is that he was involved in demolition of old dilapidated school building situated over the plot in question and his implication in the present matter is only on the basis of being caretaker of the same plot which pertains to the mother-in-law of the applicant and over which dilapidated school building was standing which was of no use and abandoned by the Institution itself after construction of the new school building, hence no offence in pursuance to sections 324(2), 352 BNS and 2/3 of Prevention of Damage to Public Property Act, 1984 is made out against the applicant, and as such the entire proceeding of Criminal Case no. 4756 of 2025 (State vs. Gurmel Singh & another) arising out of Case Crime no. 0070 of 2025 under sections 324(2), 352 BNS and 2/3 of Prevention of Damage to Public Property Act, 1984, PS- Khutar, District Shahjahanpur is hereby set aside only in respect of applicant herein.

6. The instant application u/s 528 BNSS stands allowed accordingly.

(Saurabh Srivastava,J.) September 17, 2025 Shaswat

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Allahabad High Court