Judgment reserved on 07.09.2022

Judgment Delivered on 20.09.2022

Court No. - 84

Case :- APPLICATION U/S 482 No. - 8745 of 2022

Applicant :- Gyan Chandra Shukla

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ramesh Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

1.

Facts and circumstances of present case are example of a

‘rushed investigation’. The investigating officer has, without

conducting a proper and fair investigation on a complaint filed

by complainant/Lekhpal, ‘jumped to a conclusion’ that there

are sufficient evidence that applicant has committed offence

under Sections 3 and 5 of Prevention of Damages of Public

Property Act, 1984 (hereinafter referred to as “PDPP Act,

1984”).

2.

The F.I.R. was lodged by Lekhpal on 08.09.2021 at 10.16

AM and investigation was concluded within 24 hours which

included spot inspection, recording of statements of

complainant, primary witness as well as of investigating officer

and charge sheet was submitted on very next date i.e.

09.09.2021.

3.

Sri Manu Mishra, holding brief of Sri Ramesh Kumar

Pandey, learned counsel for applicant submitted tha