Allowed

Adhya Prasad v. State of U.P. and Another

Allahabad HC22 Aug 2024A482/26281/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash a chargesheet and criminal proceedings regarding encroachment, holding that the underlying revenue proceedings were already quashed by the Revenue Authority.

What did the court decide?

The chargesheet submitted in Criminal Case No. 561 of 2020 and the impugned order dated 11.07.2024 rejecting the discharge application are quashed qua the applicant.

Adhya Prasad vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135458

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 26281 of 2024

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Applicant :- Adhya Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hinchh Lal Pandey,Preetika Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed for setting aside the judgment and order dated 11.07.2024 passed by learned Judicial Magistrate, Court No. 4, Prayagraj in Criminal Case No. 561 of 2020 titled State v. Adhya Prasad and Another, arising out of Case Crime No. 449 of 2017, under Section 3/5 of Prevention of Damages to Public Property Act, P.S. Phulpur, District Allahabad, whereby the discharge application filed by the applicant has been rejected.

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Learned counsel for the applicant drawn the attention of the Court to the order dated 31.01.2020 passed by the A.D.M. (City Supply), Prayagraj, whereby the proceedings initiated under Section 67 of the U.P. Revenue Code at the behest of Lekhpal has been quashed in which the applicant was directed to remove the encroachment at Gata No. 318, which is subject matter of the impugned Case Crime No. 449 of 2017 registered under Section 3/5 of Prevention of Damages to Public Property Act, P.S. Phulpur, District Allahabad on 14th September, 2017.

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On perusal of the impugned order, it reveals that the Lekhpal

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had initiated the proceedings on the request of Gaon Sabha for removal of the encroachment by the applicant at Gata No. 318 under Section 67 of the U.P. Revenue Code. The said proceedings have been dropped/quashed by the Revenue Authority vide order dated 31.01.2020 passed in Case No. 03395 of 2019 filed under Section 207 of U.P. Revenue Code.

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Under such facts and circumstances of the case, the impugned order dated 11.07.2024 passed by learned Judicial Magistrate, Court No. 4, Prayagraj in Criminal Case No. 561 of 2020 titled State v. Adhya Prasad and Another, arising out of Case Crime No. 449 of 2017, under Section 3/5 of Prevention of Damages to Public Property Act, P.S. Phulpur, District Allahabad as well as the charge-sheet submitted in the aforesaid case, are hereby quashed qua the applicant.

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Accordingly, the instant application under Section 482 Cr.P.C. stands allowed.

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Order Date :- 22.8.2024

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Adhya Prasad v. State of U.P. and Another

Case brief

What is this about?

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Adhya Prasad v. State of U.P. and Another

Case brief

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