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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Sukhlal – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. – Respondent
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel appearing for the applicant and learned Additional Government Advocate on behalf of State-respondent.
2. Present application has been filed for the following main relief:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned chargesheet no. 1 dated 31.12.2017 filed against petitioner No. 1 to 5 (Annexure No. 4), charge sheet no. 2 dated 27.02.2018 filed against petitioner No. 6 & 7 (Annexure No. 5) as well as the impugned summoning orders dated 17.03.2018 & 17.05.2018 (Annexure No. 1 & 2) and the order dated 20.12.2024 for issuance of non-bailable warrant (Annexure No. 6) along with the entire proceeding of Criminal Case No. 670/2023, titled as State Vs. Ram Shankar & Others, pending in the Learned Court of Judicial Magistrate II, Ayodhya U/S- 3 of Prevention of Damage To Public Property Act, 1984, P.S. Patranga, District Faizabad/Ayodhya, arising out of Crime No. 293/2017, U/S 3 of Act of 1984 registered at Police Station Patranga, District -Faizabad/Ayodhya."
3. Submission of learned counsel for the applicant for the purposes of causing interference in the pending proceedings
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....
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....
Criminal proceedings for encroachment on public land cannot supersede the Revenue Code's provisions, which provide a comprehensive framework for resolving such disputes.
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.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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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