Point of Law: Mischief causing damage to public property by fire or explosive substance - Provisions under Revenue Code, Act, 2020 and PDPP Act would, therefore be seen to operate in different fields with there being no bar in respect of institution of proceedings under aforesaid enactments separately or simultaneously in respect of matters covered thereunder.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri. Muktesh Kumar Singh, learned counsel for the applicant and Sri. Vinod Kant, learned Additional Advocate General alongwith Sri. Pankaj Saxena, learned Additional Government Advocate-I and Ms. Akansha Gaur, learned State Law Officer for the State opposite party.

2. The present application under Section 482 of the Code of Criminal Procedure, 1973 [the Code] has been filed seeking to quash the charge sheet dated 14.05.2015 as well as the cognizance order dated 06.04.2016 and also the entire proceedings of Case No. 210 of 2016 (State vs. Srikant and Others), arising out of Case Crime No. 149 of 2015, under Section 3/4 of the Prevention of Damage to Public Property Act, 1894 [PDPP Act], Police Station Jigna, District Mirzapur pending before the 4th Additional Civil Judge (Junior Division), Mirzapur.

3. The records of the case indicate that the criminal proceedings were initiated pursuant to an FIR dated 26.03.2015 lodged against the applicant, which was registered as Case Crime No. 149 of 2015, under Section 3/4 of the PDPP Act, Police Station Jigna, District Mirzapur. The case was investigated and a charge sheet dated 14.05.2015 was placed whereupon cognizance was taken by the Magistrate on 06.04.2016 and the case was registered as Criminal Case No. 210 of 2016.

4. The principal ground, which has been sought to be urged to seek quashment of the proceedings, is that the allegation in the FIR being in regard to the encroachment over Gram Sabha land, the provisions of the PDPP Act could not have been invoked to initiate criminal proceedings. It is also submitted that the Uttar Pradesh Revenue Code, 2006 [Revenue Code] provides complete procedure for eviction of an unauthorized occupation from Gram Sabha land and in view of the same, criminal proceedings which have been initiated, are an abuse of process of court and are liable to be quashed. In support of his submission learned counsel has placed reliance upon the judgment in the case of Munshi Lal and Another vs. State of U.P. and Another, (2020) 113 ACC 455.

5. Controverting the aforesaid submissions, learned Additional Advocate General submitted that the proceedings for eviction of unauthorized occupation, as provided under Section 67 of the Revenue Code, are of a summary nature and there is no bar in initiating of criminal proceedings under the PDPP Act in case of damage to public property which would include within its purview Gram Sabha property also. It is submitted that the scope of criminal proceedings and the proceedings for eviction under the Revenue Code are entirely different and there is no bar in the same being simultaneously proceeded with.

6. Based on the rival contentions the question which falls for consideration is as to whether in respect of allegations relating to damage to Gram Sabha properties, only proceedings for eviction under Section 67 of the Revenue Code can be initiated, or criminal proceedings under the provisions of the PDPP Act can also be proceeded with.

7. The PDPP Act (3 of 1984) was enacted to provide for prevention of damage to public properties and the matters connected therewith. For ease of reference the aforesaid Act i.e. The Prevention of Damage to Public Property Act, 1984 (3 of 1984) is being reproduced in its entirety:-

“1. Short title, extent and commencement:

(1) This Act maybe called the Prevention of Damage to Public Property Act, 1984.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 28th day of January, 1984.

2. Definitions - In this Act, unless the context otherwise requires:

(a) “mischief” shall have the same meaning as in section 425 of the Indian Penal Code (45 of 1860).

(b) “public property” means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of:

(i) the Central Government.

(ii) any State Government.

(iii) any local authority.

(iv) any corporation established by,