ORDER :

(Nand Prabha Shukla, J.)

1. Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 16.02.2023 giving rise to Case Crime No.56 of 2023, under Sections 3 and 4 of the Prevention of Damages to Public Property Act, 1984, Police Station-Civil Lines, District-Muzaffarnagar.

3. The main contention of learned counsel for the petitioner is that the First Information Report is malicious because the property over which constructions are alleged to be in the process of being raised is not evacuee property as it has been held that 214.84 sq. meters of plot no.835 area 0.061 and plot no.843 area 0.082 hectares is not enemy property. This order has been passed by the Assistant Custodian Enemy Property U.P. and Uttrakhanad 08.02.2019. The order dated 02.08.2019 filed as Annexure 11 to this writ petition declares only 214.84 sq. meters of plot no.835 area 0.061 and plot no.843 area 0.082 hectares to be not enemy property.

4. The First Information Report mentions these two plots, but also contains mention of Plot number 842, which is not covered by the order relied upon,