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
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 a
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