Harendra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Harendra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; the entire criminal proceedings of Criminal Case No.7202 of 2021 (State vs. Harendra) pending before the Judicial Magistrate, Maharajganj, including the charge-sheet dated 17.03.2018 and the cognizance/summoning order dated 10.12.2021, were quashed and set aside.

Issue for consideration

Whether the criminal proceedings against the applicant arising out of Case Crime No.50 of 2018 under sections 3/5 of Prevention of Damage to Public Property Act, 1984 (charge-sheet dated 17.03.2018, cognizance/summoning order dated 10.12.2021, and Criminal Case No.7202 of 2021) should be quashed, given that the encroachment has been removed and the penalty deposited pursuant to the competent authority's determination under section 67 of the U.P. Revenue Code, 2006.

Court's answer

The entire proceedings initiated against the applicant in Criminal Case No.7202 of 2021 (State vs. Harendra), arising out of Case Crime No.50 of 2018, pending before the Judicial Magistrate, Maharajganj, including the charge-sheet dated 17.03.2018 and the cognizance/summoning order dated 10.12.2021, are quashed and set aside.

Ratio / Principle

Considering the instructions conveyed and the facts highlighted by the learned A.G.A. — namely that the encroachment has been removed and the penalty deposited pursuant to the competent authority's determination under section 67 of the U.P. Revenue Code, 2006 — the court found no remaining cause of action to prosecute the applicant under sections 3/5 of the Prevention of Damage to Public Property Act, 1984, and accordingly quashed the criminal proceedings.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), decision dated September 4, 2025 — Application u/s 482 (No. 42648 of 2024) filed by applicant Harendra seeking quashing of the charge-sheet dated 17.03.2018, cognizance/summoning order dated 10.12.2021 and the entire proceedings of Criminal Case No.7202 of 2021 (State vs. Harendra) arising out of Case Crime No.50 of 2018 under sections 3/5 of the Prevention of Damage to Public Property Act, 1984 (P.S. Ghughali, District Maharajganj) was ALLOWED. Relying on the A.G.A.'s response that the alleged encroachment had been removed and the penalty deposited pursuant to a determination by the competent authority in a proceeding under section 67 of the U.P. Revenue Code, 2006, the court held that no cause of action remained to prosecute the applicant under sections 3/5 of the PDPP Act and quashed and set aside the entire proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 42648 of 2024

Harendra

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Piyush Patel, Pradeep Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application has been preferred to quash the charge-sheet dated 17.03.2018, cognizance/summoning order dated 10.12.2021 and the entire proceeding of Criminal Case No.7202 of 2021 (State vs. Harendra) arising out of Case Crime No.50 of 2018, under sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Ghughali, District- Maharajganj, pending in the Court of learned Judicial Magistrate, Maharajganj as well as to stay the further proceedings of abovementioned case.

At the very outset, it has been apprised that the allegation whatsoever has been put forward through the narration of F.I.R. against the applicant has been sort through instructions in respect of latest facts, which has been responded by learned A.G.A. that the entire encroachment whatsoever has been alleged, has been removed and the penalty has already been deposited by the applicant in pursuance to determination drawn by competent authority and the proceeding initiated against him in pursuance to section 67 of U.P. Revenue Code, 2006 and as such no cause of action is available to prosecute the applicant in pursuance to sections 3/5 of Prevention of Damage to Public Property Act, 1984.

Considering the instructions as well as the facts highlighted by learned A.G.A., the entire proceedings initiated against the applicant in shape of Criminal Case No.7202 of 2021 (State vs. Harendra) arising out of Case Crime No.50 of 2018, under sections 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Ghughali, District- Maharajganj, pending in the

A482 No. 42648 of 2024

2

Court of learned Judicial Magistrate, Maharajganj, including charge-sheet dated 17.03.2018 and cognizance/summoning order dated 10.12.2021, are hereby quashed and set-aside.

The instant application stands allowed accordingly.

September 4, 2025 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad