MUNSHI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar learned Advocate for the applicants and learned A.G.A for the State respondents.

(2.) By means of the present application, the applicants seek for quashing of the charge sheet no. 1 of 2018 dated 20.1.2018 submitted in Case Crime No. 850 of 2017 as also the order dated 14.10.2019 in Criminal Case No. 2418 of 2019 (State vs. Kastoori Singh and others), whereby the Judicial Magistrate, Puwaya, Shahjahanpur has directed for appearance of the accused-applicants before him. The first information report dated 19.8.2017 namely Case Crime No. 850 of 2017 was lodged by the Lekhpal of Village Hardayal Kucha, Puwaya, Tehsil Puwaya, District Shahjahanpur alleging commission of offence under Section 447 I.P.C. and Section 2/3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred as to "the P.D.P.P. Act, 1984"). The allegations in the F.I.R. are that the persons named therein including the applicants herein namely Munshi Lal and Kastoori Singh, both sons of Ganga Ram, resident of Village Diuhana, Police Station Banda, District Shahjahanpur had encroached plot no. 179 area 0.890 hectares, which is recorded as Banjar in the revenue records. The applicants had, thus, caused damage and loss to the public property which is the land vested in the Gram Sabha.

(3.) Seeking for quashing of the charge sheet, the main submission of learned counsel for the applicants is that the lodging of the first information report taking aid of provisions of the P.D.P.P. Act, 1984 is nothing but an abuse of process of the law, inasmuch as, the said provisions cannot be invoked to lodge a criminal case on the allegations of damage or loss caused to the Gram Sabha land. The Magistrate has acted illegally and without application of judicial mind in taking cognizance on the charge sheet submitted under Section 2/3 of the P.D.P.P. Act, 1984.