OMPRAKASH Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition has been filed with prayer to quash the First Information Report registered as Case Crime No.0096 of 2022, under Ss. - 447 I.P.C. and Sec. 3 of Public Property (Prevention of Damage) Act 1984, Police Station- Babugarh, District- Hapur on the ground that allegations made in the F.I.R. at best can enable the authorities to initiate action under Sec. 67 of the U.P. Revenue Code 2006, but lodgement of F.I.R. in respect of such allegation would be impermissible and would amount to an abuse of the process of law.

(2.) Petition is opposed by learned A.G.A.

(3.) We have perused the First Information Report which records that Khasra No.940 area 0.063 hectare is recorded in the revenue records as Jauhad (Public Utility Land). As per allegations the petitioners are trying to encroach upon such land and raise construction upon it. Previously such attempt was stalled by the revenue authorities but the petitioners have again changed the nature of the public property and consequently the F.I.R. has been lodged.