Manoj Kumar Gupta Alias Bablu vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:139662

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 28568 of 2025

Applicant :- Manoj Kumar Gupta Alias Bablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Rathore Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Vijay Singh Rathore, learned counsel for applicant and learned A.G.A for the State-respondent.

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The instant application has been preferred to quash the chargesheet dated 29.10.2024 and cognizance/summoning order dated 05.04.2025 passed by learned Chief Judicial Magistrate, Jalaun at Orai along with entire proceeding of Case No.3747 of 2025 (State vs. Punit Yadav and Others) arising out of Case Crime No.155 of 2024, under section 324(5) of BNS and Section 3(2)(a) of Prevention of Damage to Public Property Act, 1984, P.S. Aata, District- Jalaun.

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Brief facts of the present case are that a first information report dated 27.09.2024 bearing Case Crime No.155 of 2024 was lodged by opposite party no.2/Agriculture Officer in pursuance to Section 324(5) of BNS and Section 3(2)(a) of Prevention of Damage to Public Property Act, 1984 against applicant along with other accused alleging that Arazi No.736/1 area 0.0400 hectare, which is recorded as public property/ khad godam , over which the applicant has encroachment by way of raising illegal construction. The applicant 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 29.10.2024 against applicant whereupon learned court concerned has taken cognizance of offence vide order dated 05.04.2025, which impugned the present application.

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Learned counsel for applicant has submitted that once in respect of encroachment over plot in question, proceedings under Section 67 of U.P. Revenue Code, 2006 has already been initiated and the same is still pending to be decided finally, lodging of first information report taking aid of provisions of the P.D.P.P. Act,

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1984 for encroachment over the same plot, is nothing but an abuse of process of law and as such, the entire proceedings of the present case, may be set aside.

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Per contra, learned AGA vehemently opposed the prayer sought through the instant application and rebutted the stands taken up by learned counsel for applicant but did not dispute the fact that for removal of encroachment of applicant carried out over plot in question, proceedings under Section 67 of U.P. Revenue Code, 2006 has already been initiated and the same is still pending to be decided finally.

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After having the rival contentions raised by learned counsel for parties and perusal of the entire material available on record, one thing is crystal clear that the proceedings initiated against applicant under Section 67 of the Revenue Code, 2006, is still pending to be decided finally and as such, the proceedings initiated against applicant by way of implicating him in the present case, is having no justification.

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In view thereof, chargesheet dated 29.10.2024 and cognizance/summoning order dated 05.04.2025 passed by learned Chief Judicial Magistrate, Jalaun at Orai along with entire proceeding of Case No.3747 of 2025 (State vs. Punit Yadav and Others) arising out of Case Crime No.155 of 2024, under section 324(5) of BNS and Section 3(2)(a) of Prevention of Damage to Public Property Act, 1984, P.S. Aata, District- Jalaun, are hereby quashed only in respect of applicant herein.

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8. The instant application stands allowed accordingly.

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However, it is made clear that this order shall not preclude the revenue authorities to conclude the proceedings of Section 67 of the Revenue Code, 2006 which has already been initiated against applicant.

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Order Date :- 13.8.2025 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Manoj Kumar Gupta Alias Bablu v. State of U.P. and Another

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Manoj Kumar Gupta Alias Bablu v. State of U.P. and Another

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