Allahabad High Court
Netra Pal Singh And Another vs State Of U.P. And Another on 25 September, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:174179
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36109 of 2025
Netra Pal Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ashutosh Pandey
Counsel for Opposite Party(s)
:
G.A.
HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The instant application has been preferred to quash the charge-sheet dated 02.05.2020 along with cognizance/summoning order dated 29.01.2021 and the entire proceeding of Criminal Case No.1889 of 2021 (State vs. Netra Pal Singh and Another) arising out of Case Crime No.34 of 2020, under sections 507, 447 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984 and sections 3/4 of Epidemic Act, P.S. Kagaraul, District- Agra, pending in the Court of learned Civil Judge (Junior Division) F.T.C., Agra.
3. Brief facts of the present case are that a first information report dated 08.04.2020 bearing Case Crime No.34 of 2020 was lodged by opposite party no.2 in pursuance to sections 507, 447 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984 and sections 3/4 of Epidemic Act against applicants with an allegation that they are illegally encroaching a banjar land of Gram Sabha by way of constructing a wall, during the Corona period. The applicants 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 02.05.2020 against applicants in the above sections, whereupon learned court concerned has taken cognizance of offence vide order dated 29.01.2021, which impugned the present application.
4. Learned counsel for applicants 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 the law, inasmuch as, the said provisions cannot be invoked to lodge a criminal case on the allegations of damage or loss caused to the Gram Sabha land. The Magistrate has acted illegally and without application of judicial mind in taking cognizance on the charge sheet submitted under Sections 3/5 of the P.D.P.P. Act, 1984 along with sections 507, 447 IPC and sections 3/4 of Epidemic Act.
5. In any case, the question as to whether applicants had illegally encroached upon the land vested in Gram Sabha, recorded as public property, can only be adjudicated by the Revenue Authorities. The proper proceeding for eviction of the unauthorized occupant can be undertaken under Section 67 of the Revenue Code, 2006. The short-cut procedure adopted by the Lekhpal of the village concerned is nothing but with a view to harass the applicants.
6. With regard to proceeding under section 67 of U.P. Revenue Code, 2006, it is submitted by learned counsel for applicants that said proceedings has already been initiated against the applicant and it is apparent from the report that the same is still pending to be adjudicated, but meanwhile the instant F.I.R. has been preferred, wherein applicant has been implicated for same set of allegation, which has been held in catena of judgement rendered by this Court as well as co-ordinate Bench of this Court.
7. So far as sections 3/4 of Epidemic Act is concerned, learned counsel for applicant has relied upon judgement rendered by this Court vide order dated 30.07.2025 passed in Application u/s 528 BNSS No.25884 of 2025, the said order is available at page-53 of the affidavit.
8. 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 applicants.
9. While dealing with similar issue, 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 proceeding u/s 2/3 of Prevention of Damage to Public Property Act, 1984 and held that as far as criminal proceeding for illegal encroachment, damage or trespass over the land belonging to Gram Sabha 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.
10. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicants pursuant to Section of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The cognizance/summoning order dated 29.01.2021 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.
11. Invoking inherent powers under Section 528 BNSS of the High Court, charge-sheet dated 02.05.2020 along with cognizance/summoning order dated 29.01.2021 and the entire proceeding of Criminal Case No.1889 of 2021 (State vs. Netra Pal Singh and Another) arising out of Case Crime No.34 of 2020, under sections 507, 447 IPC and sections 3/5 of Prevention of Damage to Public Property Act, 1984 and sections 3/4 of Epidemic Act, P.S. Kagaraul, District- Agra, pending in the Court of learned Civil Judge (Junior Division) F.T.C., Agra, are hereby quashed only in respect of applicants herein.
12. The instant application stands allowed accordingly.
(Saurabh Srivastava,J.)
September 25, 2025
Saif
