HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37163 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to set aside the entire proceeding originated upon a charge sheet dated 15.6.2021 along with cognizance and summoning order dated 57.2021 passed in Case no. 10726 of 2021 (State vs. Omveer Singh and others) in Case Crime no. 0739 of 2018 under Section 3/7 of Essential Commodities Act, sections 409, 420, 467, 468, 471, 120-B of IPC and sections 66C of Information Technology (Amendment Act), 2008 and section 34 of Aadhar (Targeted Delivery of Financial and other subsidies benefits and services) Act, 2016, PS- Jani, District Meerut. 3. It is submitted by learned counsel for applicant that FIR has been registered against the applicant by informant/opposite party no. 2, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. During course of investigation, District Supply Officer, Meerut passed order dated 14.9.2018 whereby he suspended the Fair Price Shop agreement issued in favour of applicant. Being aggrieved with order dated 14.9.2018, applicant preferred appeal before Commissioner, Meerut Division, Meerut who also rejected the said appeal vide order dated 12.11.2019. Applicant challenged both order dated 14.9.2018 and 12.11.2019 in Writ C no. 38609 of 2019 before Versus Counsel for Applicant(s) : Vishal Tandon Counsel for Opposite Party(s) : G.A. Sajid Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) this Court wherein co-ordinate Bench of this Court quashed both the orders vide order dated 10.6.2025 (Annexure no. 15) and directed for restoration of Fair Price Shop licence in favour of applicant.Thereafter in pursuance to order dated 10.6.2025, the authorities restored the Fair Price Shop agreement of applicant vide order dated 19.6.2025 (Annexure no. 16). 4. Learned counsel for applicant contended that once, the controversy has been adjudicated and Fair Price Shop licence has been restored in favour of applicant on same set of facts which has been narrated in the present FIR, then continuation of proceeding of present FIR in shape of charge sheet dated 15.6.2021 and summoning order dated 5.7.2021 is abuse of process of law and is liable to be set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 6. After hearing the rival submissions extended by learned counsels for the parties, this Court finds that once the Fair Price Shop licence of applicant has been restored vide order dated 10.06.2025 and 19.6.2025 against the same set of allegations which is narrated in the FIR, there arises no occasion in favour of prosecution to pursue the proceeding in shape of Case Crime no. 0739 of 2018 under Section 3/7 of Essential Commodities Act, sections 409, 420, 467, 468, 471, 120-B of IPC and sections 66C of Information Technology (Amendment Act), 2008 and section 34 of Aadhar (Targeted Delivery of Financial and other subsidies benefits and services) Act, 2016, PS- Jani, District Meerut since continuation of same will amount to abuse of process of law and as such in the light of order dated 10.6.2025 passed by co- ordinate Bench of this Court through which Fair Price Shop licence has already been restored in favour of the applicant, entire proceeding of Case no. 10726 of 2021 (State vs. Omveer Singh and others) in Case Crime no. 0739 of 2018 under Section 3/7 of Essential Commodities Act, sections 409, 420, 467, 468, 471, NA528 No. 37163 of 2025 2 120-B of IPC and sections 66C of Information Technology (Amendment Act), 2008 and section 34 of Aadhar (Targeted Delivery of Financial and other subsidies benefits and services) Act, 2016, PS- Jani, District Meerut is hereby set aside only in respect of applicant herein. 7. The application u/s 528 BNSS stands allowed accordingly. September 24, 2025 Shaswat NA528 No. 37163 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad