Disputed existence of a public road must be resolved at trial, not under Section 482.

In brief

The question

1. Whether the proceedings should be quashed under Section 482 of the Code of Criminal Procedure on the petitioners’ contention that no road existed and the alleged damage therefore could not have occurred.

The court held

The Court dismissed the petition, finding no ground to quash the proceedings in C.C. No. 11555/2020.

It also directed

It granted the petitioners liberty to file an application for discharge before the trial court, if entitled to do so.

01Facts

The petitioners sought to quash proceedings in C.C. No. 11555/2020, arising from Crime No. 21/2019, for alleged offences under Section 427 of the Indian Penal Code and Section 2 of the Prevention of Destruction and Loss of Property Act.

p. 3

The complaint alleged that the petitioners damaged a road running through specified survey numbers, which the complainant said had existed for about 12 years, together with a drainage system and electrical poles.

p. 3 · pp. 7–8

The petitioners disputed the road’s existence and contended that the Panchayat Development Officer lacked authority to complain in respect of their agricultural land.

pp. 4–5

The State relied on the charge-sheet materials, including documents, photographs, and witness statements, to support the allegation that the road existed and was damaged.

pp. 4–7

02Issues

i.1. Whether the proceedings should be quashed under Section 482 of the Code of Criminal Procedure on the petitioners’ contention that no road existed and the alleged damage therefore could not have occurred.

pp. 5–6 · pp. 8–9

ii.2. Whether the petitioners’ objections concerning the complainant’s authority and the status of the land could be determined in a petition under Section 482 of the Code of Criminal Procedure.

pp. 4–5 · p. 9

03Law Applied

The alleged offences were under Section 427 of the Indian Penal Code and Section 2 of the Prevention of Destruction and Loss of Property Act.

p. 3

In considering the petition under Section 482 of the Code of Criminal Procedure, the Court applied the principle that disputed factual questions—particularly where the complaint, charge sheet, witness statements, and other materials support the allegations—are not to be resolved by conducting a mini-trial at the quashing stage; such matters are for consideration during trial.

p. 9

Provisions in the judgment · 3 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 Section 427

PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 Section 2

04Reasoning

The Court found that the complaint specifically alleged the road’s existence and its damage, and that the charge sheet included supporting documents, photographs, and statements from witnesses, including persons said to have assessed the damage at Rs. 30,000.

pp. 7–8

Against that material, the petitioners relied on a separate writ petition and disputed the road’s existence.

pp. 5–6

The Court held that resolving this conflict would require assessing disputed facts and defence material, which it could not undertake under Section 482.

pp. 5–6 · p. 9

The petitioners’ contentions therefore did not justify quashing the proceedings at that stage.

p. 9