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Omprakash vs. State of Rajasthan & Ors.

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Prevention of Damage to Public Property Act, 1984–Sec. 3–Penal Code, 1860–Sec. 425–Order of taking the cognizance–Set aside by the Revisional Court–No material to substantiate that the act of the accused was with the intent to cause or knowingly that it likely to cause wrongful loss or damage to the public or to any person–The people getting water from the said channel except the complainant have not come with any grievance that the action of the petitioner was intentional–Rather, the material came to be substantiate that the accused persons had replaced a kachha water flow from the main water course of pakka one just to get a smooth flow of water–Held, no case is made out for interference.