The Allahabad High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings for alleged damage to government leased land, holding that the involvement of facts and credibility requires trial court adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:167765
Court No. - 78
Case :- APPLICATION U/S 482 No. - 24842 of 2024 Applicant :- Mahendra Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
doing plotting and raising constructions on the said Government land. He, therefore, submits that the ingredients of Sections 447, 448 I.P.C. and Section 3/5 of the Prevention of Damages to Public Property Act are made out against the applicants.
Order Date :- 21.10.2024
Shafique
Justice Vinod Diwakar
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
3 issues framed by the court
Whether the criminal proceeding under Sections 447, 448 IPC and Prevention of Damages to Public Property Act should be quashed on grounds of false implication on facts.
Whether the impugned proceedings are manifestly attended with mala fide or maliciously instituted for vengeance.
Whether any illegality, perversity or substantial error exists in the summoning order warranting interference.
3 provisions across 3 enactments
Mahendra Singh and 4 Others
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
