Allahabad High Court
Kali Prasad @ Gorakhnath And Ors. vs State Of U.P. And Anr. on 21 February, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:11227
Court No. - 14
Case :- APPLICATION U/S 482 No. - 5134 of 2016
Applicant :- Kali Prasad @ Gorakhnath And Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Angrej Nath Shukla
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Subhash Chandra Sharma,J.
1. Counter affidavit filed today by learned A.G.A. is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. The present application u/s 482 Cr.P.C. has been filed by the applicant with prayer to quash the charge sheet no. 54 of 2012 filed under Section 3(2) The Prevention of Damage to Public Property Act arising out of Case Crime No. 149 of 2012, Police Station Khargupur, District Gonda as well as summoning order dated 22.10.2012 and order of N.B.W. dated 3.10.2015 passed by J.M.-II Gonda during pendency of this application.
4. Fact in brief are that Gata nos. 987 and 1092 are chak-road which is said to be under illegal possession of the applicants regarding which F.I.R. was lodged by Lekhpal under Section 3(2) The Prevention of Damage to Public Property Act. After investigation, charge sheet was filed under the same section and cognizance was also taken by the learned court.
5. It is submitted by learned counsel for the applicants that since the land in question was chak-road and there is allegation of illegal possession on the chak-road land regarding which procedure for ejectment is given under Section 67 of U.P. Revenue Code, 2006. Further submitted that where there is special provision as prescribed under U.P. Revenue Code, no F.I.R. can be lodged under Indian Penal Code, therefore, charge sheet and order of cognizance by learned court cannot be said to be lawful and is liable to be quashed. He relied his arguments on the case of Prabhakant and another Vs. State of U.P. and others reported in 2023 SCC OnLine All 397 and Abhishek Chaurasiya and 2 others Vs. The state of U.P. Thru. Secy. Home Lko and another in Application U/s 482 No. 7736 of 2024 decided by this Court on 02.09.2024.
6. Learned A.G.A. opposed the prayer but could not dispute the observations made by this Court in aforesaid cases.
7. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. perusal of record and law as laid down in the aforesaid cases decided by coordinate Bench of this Court, since the land in dispute is gram-sabha land that is chak-road and procedure for ejectment prescribed under Section 67 of Revenue Code, therefore, recourse be taken to Section 67 of the Code but not under the Indian Penal Code. This Court is of the opinion that the present case is squarely covered by the judgment of this Court in the case of Prabhakant and another and Abhishek Chaurasiya and 2 others (supra). As a result, the charge sheet and the order passed by the learned court concerned taking cognizance of the offence with subsequent proceedings are liable to be quashed.
8. Thus, the present application is allowed and the charge sheet no. 54 of 2012 filed under Section 3(2) The Prevention of Damage to Public Property Act arising out of Case Crime No. 149 of 2012, Police Station Khargupur, District Gonda, summoning order dated 22.10.2012 and order of N.B.W. dated 3.10.2015 passed by J.M.-II Gonda as well as entire proceedings of the case are hereby quashed.
Order Date :- 21.2.2025
Anurag Singh
