SANJAY PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/34177/2024 · 2025-07-30
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100866 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:130163 Court No. - 77 Case :- APPLICATION U/S 482 No. - 34177 of 2024 Applicant :- Sanjay Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants and learned A.G.A. for State.
2. This application under section 482 Cr.P.C. has been preferred on behalf of applicant to quash the order dated 12.06.2024 passed by learned Additional District and Session Judge, Court No.1, Ballia in Criminal Revision No.107 of 2023 (Sanjay Pandey and Another vs. State of U.P.) as well as summoning order dated 16.05.2023 passed by learned Additional Chief Judicial Magistrate 1st, Ballia in Case No.3789 of 2023 (State vs. Rajesh Kumar Verma and Others) arising out of Case Crime No.184 of 2021, under sections 3/7 of Essential Commodities Act, 1955, P.S. Sukhpura, District- Ballia.
3. At the very outset, learned A.G.A. raised a preliminary objection by way of submitting that the prayer as made through the instant application shall not be entertained by this Court, since the said prayer cannot be entertained in application under section 482 Cr.P.C., whereas the same shall be entertained in matter under Article 227 of the Constitution of India, hence the instant application is liable to be dismissed.
4. When confronted with above, learned counsel for the applicants could not overcome the same.
5. In view of the above, this application under section 482 Cr.P.C. stands dismissed with liberty to file alternative remedy to prefer petition under Article 227 of the Constitution of India.
6. Office is hereby directed to return copy of impugned orders to learned counsel for applicants after obtaining photocopy of the same. Order Date :- 31.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad