Allahabad High Court
Sompal vs State Of U.P. And Another on 30 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:94098 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2596 of 2025 Applicant :- Sompal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been preferred to quash the charge-sheet dated 26.05.2024, cognizance/summoning order dated 10.10.2024 as well as the entire proceeding of Case No.6132 of 2024 (State vs. Sompal), arising out of Case Crime No.218 of 2024, under Section 447 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Tanda, District- Rampur, pending in the Court of learned Chief Judicial Magistrate, Rampur, further to stay the further proceedings of abovementioned case.
3. Brief facts of the present case are that a first information report dated 10.05.2024 was lodged by opposite party no.2 under Section 447 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, 1984 (in short 'P.D.P.P. Act, 1984') against the applicant with the allegation that the land bearing Gata No.26, situated at Village Gajraula, Tehsil Tanda, District Rampur, which is registered as 'Naveen Parti' in the revenue records and the same has not been evicted by the Lekhpal, has been encroached upon by the applicant and the same is causing great hindrance in the development work. The applicant has thus caused damage and loss to the public property which is registered as public property. After lodging of the FIR, the Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet dated 26.05.2024 against applicant, whereupon the learned court concerned has taken cognizance of offence vide order dated 10.10.2024, which has been impugned by means of the present application.
4. Learned counsel for applicant has challenged the charge-sheet as well as cognizance/summoning order on several other grounds inter-alia precisely on the ground that lodging of the first information report taking aid of provisions of the P.D.P.P. Act, 1984 is nothing but an abuse of process of law, inasmuch as, the said provisions cannot be invoked to lodge a criminal case on the allegation of damage or loss caused to the public property. The Magistrate has acted illegally and without any application of judicial mind, the cognizance/summoning order dated 10.10.2024 has been passed.
5. In any case, the question as to whether the applicant had illegally encroached upon the land recorded as public property, can only be adjudicated by the Revenue Authorities. The proper proceedings for eviction of the unauthorized occupant can be undertaken under Section 67 of the Revenue Code, 2006. The short-cut procedure adopted by the Magistrate concerned is nothing but an abuse of process of law.
6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application, but could not dispute the aforesaid arguments raised by learned counsel for applicant.
7. While dealing with similar issue, a Co-ordinate Bench of this Court vide order 6.8.2020 passed in Application u/s 482 No. 9964 of 2020 (Munshi Lal and Another vs. State of U.P. and another), quashed the entire proceedings under Section 2/3 of Prevention of Damage to Public Property Act, 1984 and held that as far as criminal proceedings for illegal encroachment, damage or trespass over the land belonging to Gram Sabha (public property) is concerned, the same can be undertaken but it would be subject to the adjudication of rights of the parties over the land in dispute as the said determination can be done only by the revenue court. As far as the P.D.P.P. Act, 1984 is concerned, the same has been enacted with the specific purpose. The statement of objects and reasons of the said Act shows that it was enacted with a view to curb acts of vandalism and damage to public property including destruction and damage caused during riots and public commotion.
8. From perusal of the records, it transpires that present case is squarely covered with the judgment of a Co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicant pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of process of law or the Court. The cognizance/summoning order dated 10.10.2024 has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed.
9. Invoking the inherent powers under Section 482 Cr.P.C. of the High Court, the entire proceedings of the Case No.6132 of 2024 (State vs. Sompal), arising out of Case Crime No.218 of 2024, under Section 447 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Tanda, District- Rampur as well as the charge-sheet dated 26.05.2024 and the cognizance/summoning order dated 10.10.2024, are hereby quashed only in respect of applicant herein.
10. Application stands allowed, accordingly.
Order Date :- 30.5.2025 CS/-