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OM PRAKASH SHUKLA
Shankar Nath Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Om Prakash Shukla, J.
Heard learned counsel for the applicant as well as the learned Additional Government Advocate.
2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicants, Shankar Nath Pandey and Shambhu Nath Pandey, seeking to quash the summoning order dated 15.03.2021 passed by the Judicial Magistrate-I, Faizabad in Criminal Case No.137 of 2021 : State v. Shankar Nath Pandey & others arising out of Case Crime No. 335 of 2019, under Section 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Khandasa, District Ayodhya and also to quash the entire proceedings initiated against the applicants.
3. The records of the case indicate that criminal proceedings were initiated pursuant to an FIR dated 01.09.2019 lodged against the applicants and one Kaushal Kishore, which was registered as Case Crime No.335 of 2019, under Section 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as PDPP Act), Police Station Khandasa, District Ayodhya. The case was investigated and a charge sheet dated 21.09.2019 was submitted, whereupon cognizance was taken by the Judicial Magistra
Criminal proceedings for encroachment must be based on proper demarcation and adjudication by revenue authorities, not solely on police investigations.
The court ruled that charges under the Prevention of Damage to Public Property Act were improperly invoked, emphasizing that encroachments should be addressed under the U.P. Revenue Code, which provi....
Criminal proceedings for encroachment on public land cannot supersede the Revenue Code's provisions, which provide a comprehensive framework for resolving such disputes.
The court held that the FIR under the Prevention of Damage to Public Property Act was an abuse of process, emphasizing that the U.P. Revenue Code provides the exclusive remedy for land encroachment d....
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 be....
The court reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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