The court emphasized that proceedings for damage to public property should follow the U.P. Revenue Code, not criminal law, when related to Gram Sabha land.

1. With the consent of the parties, the matter is being decided finally at the admission stage itself.

2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with the following main reliefs:

"Wherefore, it is respectfully prayed that this Hon'ble Court may kindly be quash the impugned Summoning Order dated 21.07.2023 issued by the learned Court of FTC (S.D.)/Additional Chief Judicial Magistrate, Sultanpur, Criminal Case No.2934/2022 (State Vs. Salman and others), arising out of F.I.R. No.0368/2022, under sections-2/3 of the Prevention of Damage to Public Property Act 1984, lodged at Police Station Gauriganj, District Amethi and its chargesheet No.01 of 2023 dated 07.01.2023, as contained in Annexure No.01 and 02 to this petition. It is further prayed that the further proceeding of Criminal Case No.2934/2022 (State Vs. Salman and others), arising out of F.I.R. No.0368/2022, under sections-2/3 of the Prevention of Damage to Public Property Act 1984, lodged at Police Station Gauriganj, pending before the Court of FTC (S.D.)/Additional Chief Judicial Magistrate, Sultanpur and its summoning orders dated 21.07.2023 may kindly be stay, during pendency of the present petition, in the interest of justice."

3. The brief facts of the case are that an FIR dated 10.10.2022 has been lodged against the unknown persons under Section 2/3 of Prevention of Damage to Public Property Act, 1984 by the respondent no. 2 being a Gram Pradhan alleging therein that at the midnight of 9/10.10.2022 certain unknown persons reached Amrit Sarowar Park and broke the iron gate, uprooted the seven cemented benches out of 14 benches and also destroyed the plants and flowers.

4. Learned counsel for the applicants has submitted that from the perusal of the FIR, it appears that the alleged offence mentioned in the FIR was being made in a Amrit Sarowar Park developed under the MANREGA Scheme on the Gram Sabha land and in case if there is any damage to the property of the Gram Sabha, the remedy available with the Gram Sabha is to proceed under Section 67 of the U.P. Revenue Code, 2006 and lodging of the criminal case is not an appropriate proceeding to initiate the matter.

5. In support of his submission, learned counsel for the applicants has relied upon the judgment of this Court in the case of Prabhakant and Another vs. State of U.P. and Ors. 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 p