Criminal proceedings for encroachment on public land cannot supersede the Revenue Code's provisions, which provide a comprehensive framework for resolving such disputes.

JUDGMENT :

Saurabh Lavania, J.

1. Heard learned counsel appearing for the applicants and learned Additional Government Advocate on behalf of State-respondents.

2. This application under Section 482 Cr.P.C. has been filed for the following main relief(s):

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge-Sheet dated 11/03/2018, filed before Learned A.C.J.M., Vth Court No. 21, Sultanpur in Criminal Case No. 744/2021, State Vs. Kallu & Others. F.I.R No. 0024/2018, U/Ss. 3, 4. Prevention of Damage to Public Property, Act-1984 P.S Jamo, District- Amethi, as next date was fixed as 20/03/2025 for appearance, and as contained in Annexure-1 and 2-collectively to this Petition.

To stay the further proceeding in before Learned A.C.J.M., Vth - Court No. 21, Sultanpur in Criminal Case No. 744/2021, State Vs. Kallu & Others, against the Petitioners, during the pendency of this Petition before this Hon'ble Court in the interest of justice."

3. Submission of learned counsel for the applicant for the purposes of causing interference in the pending proceedings is to the effect that as per the case set up in the FIR registered as Case Crime No.0024 of 2018, on 23.02.2018 the case of the prosecution against the applicant is to the effect that applicant Nos.1 and 2 and one Tribhuvan, S/o Babu lal, encroached part of land of Gata No.2342, which is recorded as "Khad Gadda" i.e. Gaon Sabha land/public utility land. The F.I.R. was lodged against the applicants under Section 3 , 4 of the Prevention of Damage to Public Property Act, 1984 (in short "Act of 1984"), the Investigating Officer thereafter conducted investigation and upon completion of the investigation filed the charge sheet indicated therein that the offence against the applicants is made out under Section 3 , 4 of the Act of 1984 and thereafter the Addl. Chief Judicial Magistrate-Vth, Court No.21, Sultanpur, without application of mind vide order dated 14.08.2020 summoned the applicants under Section 3 , 4 of the Act of 1984 for facing the trial.

4. He further submitted that in the above factual background of the case the present application seeking main relief, quoted above, has been filed particularly on the ground(s) that (i) Offense under Section 3, 4 of Act, 1984 is not made out against the applicants; (ii) the Magistrate has passed the cognizance order on an printed proforma as such the Magistrate has not applied his judicial mind; (iii) U.P. Revenue Code, 2006 (in short "Code, 2006"), is self-contained code and encroacher can be dealt with in the manner prescribed therein particularly Section 67 read with relevant rules. Under Section 67 of Code, 2006, after following the due process of law, the encroacher can be evicted and the penalty can also be imposed on the encroacher by the Revenue Authority namely Tehsildar and order of the Tehsildar passed in exercise of power under Section 67 of Code, 2006, is appealable.

5. He further submitted that tenure holder can file declaratory suit under Section 144 of Code, 2006 and the Gram Panchayat can file a suit for declaration under Section 145 of Code, 2006.

6. He further submitted that in view of scheme of Code, 2006, the FIR lodged by the lekhpal is nothing but an abuse of process of law as such, the indulgence of this Court is required in the matter.

7. He further submitted that this Court in the judgment passed in the case of Prabhakant And Another Vs. State of U.P. and others, 2023 SCC Online All 397, after considering the provisions of the Act, 1984 and the Code, 2006, interfered in the proceedings under Sections 2/3 of Act, 1984.

8. He further submitted that a perusal of Paras 14 to 22 of the judgment of this Court in the case of Prabhakant (supra) would show that the present application is squarely covered by the judgement passed in the case of Prabhakant (supra). Relevant paras, referred, on reproduction, are as follows:

"(14). Now coming to yet another aspect of the issue, lea