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2025 Supreme(Online)(ALL) 695
HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Manish Kumar,J.
Chand Babu And Another – Appellant
Versus
State Of U.P. Thru. Prin. Secy Home Deptt. Lko. And Another – Respondent
APPLICATION U/s 482 No. - 2670 of 2025 at Lucknow
Petitioner: Mohd. Salman , Ana Fatma and Mukhtar Ahamad
Respondent: G.A.
The Revenue Code provides the exclusive mechanism for addressing disputes over Gram Sabha land, making criminal proceedings under the P.D.P.P. Act inappropriate.
Headnote:(A) Prevention of Damage to Public Property Act, 1984 - Sections 2 and 3 - U.P. Revenue Code, 2006 - Section 67 - Criminal proceedings quashed - The applicant sought to quash criminal proceedings for alleged illegal possession of Gram Sabha land, arguing that appropriate action should be under the Revenue Code, not criminal law - The court found that the FIR was an abuse of process as the Revenue Code provides a complete mechanism for addressing such disputes - The court emphasized that criminal proceedings cannot be initiated without proper adjudication of rights over the land in question. (Paras 1-19)
(B) Inherent Powers - The High Court's inherent powers under Section 482 Cr.P.C. allow for quashing of proceedings that are an abuse of the process of law. (Paras 18-19)
Facts of the case:
The applicant was accused of illegal possession of Gram Sabha land, leading to criminal proceedings under the P.D.P.P. Act, which the applicant contested as inappropriate.
Findings of Court:
The court ruled that the criminal proceedings were an abuse of process and should be quashed, affirming the need for proper adjudication under the Revenue Code.
Issues: Whether criminal proceedings were appropriate for alleged illegal possession of Gram Sabha land.
Ratio Decidendi: The court held that the Revenue Code provides the exclusive mechanism for addressing disputes over Gram Sabha land, and criminal proceedings cannot be initiated without proper adjudication of rights.
Result: The application is allowed, and the criminal proceedings are quashed.
Hon'ble Manish Kumar,J.
1. With the consent of the parties, the matter is being decided finally at the admission stage itself.
2. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with a prayer to quash the entire proceeding of criminal case no. 44493/2016 on the basis of Charge sheet no. 291/2015 dated 26.12.2015 arising out of Case Crime/FIR No. 0545/2015, U/s 2/3 Prevention of Damage to Public Property Act 1984, Police Station Gosaiganj, District Lucknow, styled as State vs. Molahe Rawat and Ors. pending before learned Additional Chief Judicial Magistrate, 6th Lucknow.
3. Learned counsel for the applicant has submitted that an FIR dated 24.11.2015 has been lodged by the respondent no. 2 i.e. Surya Prakash, Area Lekhpal against the applicant alleging therein that the applicant has illegally in possession of the Gram Sabha land which is registered as Dhobi Ghat in revenue records.
4. It is further submitted that if in case, the applicant is illegally in possession of some land which belongs to the Gram Sabha, the appropriate proceedings which is to be initiated against the applicant i.e. to file a case under Section 67 of the U.P. Revenue Code, 2006 and lodging of the criminal case is not an appropriate proceedings to initiate in the matter. In support of his submission, learned counsel for the applicant has relied upon the judgment of this Court in the case of Prabhakant and Another vs. State of U.P. and Ors. /b> reported in 2023 SCC Online All 397 . The relevant extracts of the said judgment are quoted hereinbelow:-
"(14). Now coming to yet another aspect of the issue, learned counsel for the applicants in order to buttress their contention have drawn attention of the Court to the provisions of Section 67 of the U.P. Revenue Code which speaks about the power to prevent damages, misappropriation and wrongful occupation of Gram Panchayat property:-
(i) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.
(ii) Where from the information received under sub-section (i) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (i) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.
(iii) If the person to whom a notice has been issued under sub-section (ii) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation as the case may be, be recovered from such person as arrears of land revenue.
(iv) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (ii), he shall discharge the notice.
(v) Any person aggrieved by
