HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38365 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicants and the learned AGA for the State and perused the record. 2. This application under Section 528 of BNSS has been filed with the prayer to quash the charge-sheet, cognizance / summoning order dated 20.10.2016 as well as the entire proceedings in Case No. 6072 of 2016, arising out of Case Crime No. 865 of 2014, under Section 3/7 Essential Commodities Act, Police Station Etmaddaula, District Agra, pending before the Additional Chief Judicial Magistrate 1st, Agra and further to stay further proceedings of the aforesaid case. 3. It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. It is also submitted that the only allegation against the applicants is that the domestic gas cylinder was being used for commercial purpose. There is no public witness of the alleged incident, rather some witnesses who were interrogated by the I.O. have stated that no such proceeding was held by the police on the said date, as alleged by the prosecution. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. Versus Counsel for Applicant(s) : Lok Nath Shukla, Umesh Chandra Yadav Counsel for Opposite Party(s): G.A. Jakir Ali And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned AGA has opposed the prayer. 5. I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully. 6. As is evident, all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 of BNSS. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. Sufficient evidence has been collected against the applicants during the course of investigation. Hence, prayer made in the application is refused. 7. In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicants be given. 8. Hence, it is observed that in case applicants surrender before the court below and apply for bail within four weeks from today, the same shall be considered and decided in view of the settled law. For a period of four weeks from today, no coercive action shall be taken against the applicants. 9. It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned. 10. With the aforesaid observations, the application stands disposed of. October 7, 2025 safi NA528 No. 38365 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad