(1.) Heard Sri Vijai Prakash Tiwari, learned counsel for the applicant and Sri Arvind Kumar, learned Additional Government Advocate appearing for the State-opposite party no.1.
(2.) The present application under Sec. 482 CrPC has been filed seeking to quash the impugned orders dtd. 13/11/2019 and 16/11/2019 (annexure nos. 14 and 15) passed by the Additional District and Session Judge, Court No.9, Varanasi in Session Trial No. 300 of 2019 (State Vs. Ram Nayan Singh), Case crime No. 389 of 2018, under Sec. 3 of Prevention of Damage to Public Property Act, 1984[1], Police Station Cholapur, District Varanasi.
(3.) The facts of the case, as pleaded in the application, are to the effect that the criminal proceedings were initiated pursuant to an FIR dtd. 20/7/2018 lodged under Sec. 3/4 of the PDPP Act, registered as Case Crime No. 0389 of 2018. The case was investigated and a charge-sheet dtd. 19/11/2018 was submitted whereupon cognizance was taken on 24/1/2019 and an application seeking discharge was moved. The Magistrate passed an order dtd. 6/6/2019 rejecting the discharge application and committing the case to the court of session. Thereafter, upon an application under Sec. 228 (1) (a), the court of session passed an order dtd. 13/11/2019 wherein upon duly considering the facts of the case it was held that prima facie the offence under Sec. 3 of the PDPP Act was made out and accordingly 16/11/2019 was fixed for framing of charge and on the said date, charge was framed.