Criminal Case No. 2117 of 2019 · Allahabad High Court

Sri Satya Prakash Shukla, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. he present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 2117 of 2019, arising out of Case Crime No. 394 of 2018, under Sections 3, 5 of Prevention of Damages to Public Property Act, 1984, P. S. Handiya, District Allahabad as well as cognizance/ summoning order dated

10.10.2019, pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Allahabad. Delay in filing the present application has been explained. Learned counsel for the applicant submitted that impugned FIR dated

30.05.2018 has been lodged with regard to the incident (no date is mentioned) on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the impugned FIR has been lodged against 16 persons including the present applicant by "Halka Lekhpal" without ascertaining any damage or levying any fine with regard to encroachment of the Gram Sabha land under U.P. Revenue Code. Prima facie, matter requires consideration. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. 2 NA528 No. 16116 of 2026 Issue notice to opposite party no. 2 returnable at an early date. Opposite party no. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter. Connect with Application U/S 528 of BNSS No. 15515 of 2026. List after eight weeks. Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicants. April 22, 2026 Ishan (Sanjay Kumar Pachori,J.)