JUDGMENT :

SHAMIM AHMED, J.

1. The instant application has been moved on behalf of the applicant with a prayer to quash the order dated 16.05.2023 passed by Learned Additional Civil Judge (C.D.) Fast/ACJM. Ambedkar Nagar in Criminal Misc. Case No. 1223/2023 vide Crime No. 12/2020, U/s 2/3 of Prevention of Damage to Public Property Act, Police Station Maharuwa, District-Ambedkar Nagar, on the application of applicant under Section 239 Cr.P.C and further be pleased to discharge the applicant.

2. Heard Sri Neeranjan Singh, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-1 for the State.

3. Learned counsel for the applicant submitted that the complainant-Lekhpal of the village concerned had lodged an F.I.R. dated 02.02.2020 bearing No. 12/2020 U/s 3/4 of Prevention of Damage to Public Property Act, Police Station Maharuwa against the applicant and 6 other persons stating therein that the alleged accused persons with the intention of grasping the public property kept the “puaal” straw on Gata No. 625 which is recorded as “chak marg” in Revenue record.

4. Learned counsel for the applicants further submitted that the applicant was minor at the time of lodging of F.I