Point of Law: Statement of objects and reasons is in the nature of external aids to interpretation of statutes and can be looked into, only if it is necessary to do so, to ascertain legislative intent in case of confusion.

JUDGMENT :

1. This petition has been filed with prayer to quash the First Information Report registered as Case Crime No. 0096 of 2022, under Sections 447 I.P.C. and Section 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 Section 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.

4. The aforesaid First Information Report has been lodged under Section 447 I.P.C. read with Section 3 of the Prevention of Damage to Public Property Act, 1984. Section 3 of the Act of 1984 provides that whoever commits mischief by doing any act in respect of any public property shall be punished with imprisonment for a term which may extend to five years with fine. Mischief specified in Section 3 carries the same meaning as is assigned to it in Section 425 of the I.P.C. Section 425 I.P.C. provides that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public property or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof or destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Prima facie allegations made in the F.I.R. clearly make out a case of offence in terms of Section 3 of the Act of 1984. Whether these allegations are correct or not would be an aspect to be examined during course of investigation. Petitioners otherwise have not brought on record any material to indicate that this land was ever recorded in their names or have perfected any right over it. A civil suit appears to have been filed by the petitioners for injunction but no proceedings have been instituted for grant of declaration in favour of the petitioners in respect of such land. The statement made in the F.I.R. that the plot in question is recorded as public utility land is otherwise not disputed or shown to be factually incorrect.

5. Learned counsel for the petitioners has placed reliance upon a judgment of this Court in petition Under Section 482 Cr.P.C. No. 9964 of 2020; Munshi Lal and Another vs. State of U.P. and Another, in which the charge sheet came to be quashed by the learned Single Judge relying upon the statement of objects and reasons contained in the act of 1984 so as to restrict its application only to acts of vandalism including destruction and damage caused to public property during riots and public commotion. Reasoning assigned in that regard is contained in Para-11 of the judgment in Munshi Lal (supra), which is reproduced hereinafter:

“11. As far as the P.D.P.P. Act, 1984 is concerned, the same has been enacted with the specific purpose. The statement of objects and reasons of the said Act shows that it was enacted with a view to curb acts of vandalism and damage to public property including destruction and damage caused during riots and public commotion. A need was felt to strengthen the law to enable the authorities to deal with cases of damage to public property. The “public property” as defined under Section 2(b) of the P.D.P.P. Act, 1984 means any property, whether immovable or movable (including any machinery) which is owned by or in possession of or under the control of the Central or State Government or any local authority or any Corporation or any instituti