Neutral Citation No. - 2025:AHC:102735 Court No. - 77 Case :- APPLICATION U/S 482 No. - 33956 of 2024 Applicant :- Smt. Anita Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Ram Maurya,S.S. Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri S.S. Sharma, learned counsel for applicant and learned AGA. 2. The present application under Section 482 Cr.P.C. has been preferred for seeking quashing of cognizance order dated 03.01.2023 as well as entire proceedings of Complaint Case No.2166 of 2023 (State Vs. Namit Gautam and another), under Section 11 of U.P. Fire Prevention and Fire Safety Act, 2005, P.S. Sector 58 Noida, District Gautam Budh Nagar, pending before learned Chief Judicial Magistrate, Gautam Budh Nagar. 3. It is the case of applicant that in the year 2022, applicant had been the Vice President of Residential Welfare Association of Prateek Buildhome India PVT LDT, Noida, Gautam Budh Nagar and in non compliance of mandatory procedures which were required to be fulfilled and performed for safety, certain notices have been issued by concerned Fire Department by way of showing the applicant herein as Secretary of the said Association. Although, after receiving the discrepancies highlighted by the concerned authority of Fire Department, all the necessary requirements have been completed for seeking renewal of Fire and Life Safety Certificate which has been issued on 23.08.2024 and valid till 22.08.2029 but in between, complaint case has been preferred at the behest of competent authority of Fire Department wherein applicant was implicated and after having the statements recorded under Section 200 and 202 Cr.P.C., summoning order has been issued against applicant. 4. Learned counsel for applicant submitted that role of applicant in the said Association, is a very limited one under the capacity of Vice President and moreover, after completion of formalities and removal of all the discrepancies which were required for seeking renewal of Fire and Life Safety Certificate, the same has been issued by the competent authority and as such, there is no cause of action available before the prosecution to proceed against the applicant herein. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but did not dispute the certificate of Fire and Life Safety issued by competent authority on dated 23.08.2024 which is valid till 22.08.2029 against Prateek Buildhome India PVT LDT and at present, applicant is not having any responsibility in the said Association. 6. After having the rival contentions raised by learned counsel for parties as well as considering the facts and circumstances of the present case, it is crystal clear that specific certificate for renewal of Fire and Life Safety has already been issued and the same is valid till 22.08.2029 and as such, the same fact may be entertained by learned court concerned wherein proceedings in pursuance of Complaint Case No.2166 of 2023 (State Vs. Namit Gautam and another), under Section 11 of U.P. Fire Prevention and Fire Safety Act, 2005, is pending. In sofar as applicant herein is concerned, she will be at liberty to attend the proceedings through her advocate and need not to appear before learned court concerned unless the same is required and mandated in the said proceedings. 7. In view thereof, the present application stands disposed of. Order Date :- 1.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad