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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Kallu Saroj @ Kallu – Appellant
Versus
State of U.P. Thru. Prin. Secy. Deptt. of Home – Respondent
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 Crim
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....
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 must be based on proper demarcation and adjudication by revenue authorities, not solely on police investigations.
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.
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 c....
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