HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37674 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Sharda Prasad Mishra, learned counsel for applicants and learned AGA for the State-respondent. 2. The present application has been preferred challenging the cognizance/summoning order dated 06.11.2024 passed by learned Chief Judicial Magistrate, Fatehpur in Case No.24411 of 2024 in pursuance of chargesheet dated 21.08.2023 submitted in Case Crime No.518 of 2023, under Section 60 of U.P. Excise Act, P.S. Kotwali, District Fatehpur. 3. At the very outset, learned counsel for applicants has submitted that the applicants have been implicated for the offence under Section 60 of Excise Act whereupon cognizance of offence was taken up by learned court concerned on dated 06.11.2024. On the basis of instructions received from his clients, learned counsel for applicants has submitted that both the applicants are ready to compound their offence by way of depositing compounding fee which shall be determined by concerned authority as provided under Section 74(1-A) of U.P. Excise Act, 1910. 4. Learned counsel for applicants has also sought attention of the Court over Section 74(2) of the Act, 1910, wherein it has been mentioned that on the payment by such person of such sum of money or such value or both, as the case may be, such person, if in custody, shall be set at liberty, and all the property seized may be released and no proceeding shall be instituted or continued against such person in any criminal court. 5. Learned AGA has also not shown any objection to the provisions Versus Counsel for Applicant(s) : Sharda Prasad Mishra, Subhash Chandra Maurya Counsel for Opposite Party(s) : G.A. Rahul Patel And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) mentioned under Section 74 of Act, 1910. 6. In view of the provisions mentioned under Section 74 of the Act, 1910 as well as the statement so made by learned counsel for applicants, applicants are hereby extended four weeks' time to prefer an application for seeking compounding of the offence under which they have been implicated whereupon cognizance of offence has been taken by learned Chief Judicial Magistrate, Fatehpur vide impugned order dated 06.11.2024. After receiving the determination of compounding fee, if deposited by the applicants, the entire proceedings of Case Crime No.518 of 2023, under Section 60 of U.P. Excise Act, P.S. Kotwali, District Fatehpur, shall be stood set aside. 7. However, it is made clear that in case, application for seeking compounding of offence or deposition of fee determined by concerned authority, is not deposited, learned court concerned will be at liberty to proceed against applicants in strict terms of provisions for initiating trial in pursuance of Case Crime No.518 of 2023, under Section 60 of U.P. Excise Act, P.S. Kotwali, District Fatehpur. It is also made clear that till one month from today, no coercive action shall be initiated against applicants in respect of the said case. 8. In view of the aforesaid direction, the instant application is hereby disposed of. September 25, 2025 Vivek Kr. NA528 No. 37674 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad