Mahmudul Hasan and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:86740

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 17266 of 2025

Applicant :- Mahmudul Hasan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Supplementary affidavit preferred at the behest of applicants is taken on record through which entire order sheet has been apprised.

¶7

Heard Sri Aqeel Ahmad, learned counsel appearing on behalf of applicants and learned AGA for State.

¶8

Present application has been preferred with prayer to quash entire proceeding in pursuant to charge sheet no. 238 of 2017 dated 31.12.2017 as well as cognizance order dated 08.06.2018 in Case no. 3800 of 2018, (State vs. Akhlakh and others), arising out of Case Crime no. 342 of 2017, under Section 447 IPC and Section 3/5 Prevention of Public Property Damage Act, 1984, PSPhoolpur, District Azamgarh, pending in court of learned Chief Judicial Magistrate, Prayagraj.

¶9

It is the case of the applicants that proceedings under Section 67 of U.P.Revenue Code, 2006 has already been initiated against the applicants wherein certain piece of plot no. 232 area 0.004 hectare and 0.024 hectare which is in the nature of pond pertains to Gaon Sabha being the public property has been encroached by the applicants. Later, on culmination of the proceedings under Section 67 of the U.P.Revenue Code, 2006 specific report has been submitted by concerned Lekhpal dated 16.10.2023 which clearly demonstrates that the plot no. 232kha is now free from each and every type of encroachment whatsoever has been alleged against the applicants whereupon specific order dated 06.02.2024 has been passed by Assistant Collector, Phoolpur, Azamgarh over recall preferred at the behest of applicant no. 1 and order dated 18.09.2024 passed by Additional District Magistrate, Administration, Azamgarh over the appeal preferred at the behest of applicant no. 2 through which entire proceedings has been withdrawn against the applicants since the alleged encroachment

¶10

has not been found in pursuance to report submitted by concerned Lekhpal.

¶11

For same allegation, FIR has been instituted against the applicants and registered at Case Crime no. 342 of 2017 in pursuance to Section 447 of IPC and 3/5 of Prevention of Damages to Public Property Act, 1984.

¶12

Learned counsel for the applicant submitted that once, it has been proved during the proceeding under Section 67 of U.P.Revenue Code, 2006 that there is hardly any encroachment carried out over the public property, there is hardly any cause of action arises in favour of the prosecution to pursue the Criminal Case no. 3800 of 2018 arising out of Case Crime no. 342 of 2017.

¶13

Per contra, learned AGA although opposed the prayer as made in the instant application, but did not disputed the orders passed by Assistant Collector as well as Additional District Magistrate in favour of the applicants through which it is crystal clear that both the applicants have been declared as non-possessory over the property in dispute.

¶14

In view of aforementioned facts and circumstances and in the light of the order dated 06.02.2024 and 18.09.2024 passed by Assistant Collector and Additional District Magistrate, respectively, the allegation whatsoever has been implicated through charge sheet dated 31.12.2017 whereupon the cognizance of offence has been taken up by learned court concerned vide order dated 08.06.2018 has become redundant. Entire proceeding arising out of Case no. 3800 of 2018, (State vs. Akhlakh and others), arising out of Case Crime no. 342 of 2017, under Section 447 IPC and Section 3/5 Prevention of Public Property Damage Act, 1984, PS-Phoolpur, District Azamgarh is hereby set aside, only in respect of applicants.

¶15

The instant application stands allowed accordingly.

¶16

Order Date :- 22.5.2025 Shaswat

¶17

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Mahmudul Hasan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mahmudul Hasan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases