Neutral Citation No. - 2025:AHC:119656 Court No. - 77 Case :- APPLICATION U/S 482 No. - 35383 of 2024 Applicant :- Pradeep Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brij Raj Singh,Piyush Chauhan Counsel for Opposite Party :- Amit Kumar Srivastava,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Brij Raj Singh, learned counsel for the applicant, learned AGA for the State as well as Sri Abhishek Dubey, Advocate holding brief of Sri Amit Kumar Srivastava, learned counsel for the complainant. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 22.02.2023 as well as impugned cognizance order dated 04.04.2023 passed by learned Court of Additional Chief Judicial Magistrate, Kasganj including the entire proceedings of Case No. 631 of 2023 (State of U.P. vs. Pradeep Singh) arising out of Case Crime no. 246 of 2022, under Sections 3/7 of Essential Commodities Act, Police Station Patiyali, District Kasganj pending in the Court of learned Additional Chief Judicial Magistrate, Kasganj as well as to stay the further proceedings of abovementioned case. 3. While challenging the entire proceedings of Case Crime No. 246 of 2022, learned counsel for the applicant has submitted that the entire allegation whatsoever has been put-forward, which is apparent through the narration of the FIR itself that certain commodities and items, which were rest with the applicant when he was conducting fair price shop before cancellation order dated 30.09.2022, but order passed by Sub-Divisional Officer, Patiyali, District Kasganj dated 30.09.2022 has already been put under challenge in appeal preferred at the behest of the applicant in shape of Case No. 1180 of 2022, Computerized Case No. C202218000001180 (Pradeep Singh vs. State of U.P.), which was decided vide order dated 06.12.2023 passed by learned Additional Commissioner (Judicial), Aligarh Division, Aligarh through which order dated 30.09.2022 passed by Sub-Divisional Officer, Patiyali, District Kasganj has been set-aside and by way of imposing cost of Rs. 5,000/-, the fair price shop which was allotted in favour of the applicant was restored. 4. It is the argument raised by learned counsel for the applicant that once the entire order passed by Sub-Divisional Officer, Patiyali, District Kasganj in shape of order dated 30.09.2022 has been set-aside and the fair price shop extended in favour of the applicant has now been restored and at present, applicant is conducting the same fair price shop in proper manner, by way of abiding all the Government orders and control orders and there is no complaint against him at present. There will be no justification available for prosecuting the applicant in pursuance to Case Crime No. 246 of 2022, since the allegation whatsoever has been put- forward against the applicant has now become redundant. 5. Per contra, Sri Abhishek Dubey, Advocate holding brief of Sri Amit Kumar Srivastava, learned counsel appearing for original complainant and learned AGA have submitted that the prayer made in the instant application is not maintainable, since the offence carried out by the applicant is between the period once the fair price shop of the applicant has been suspended and the period on which the fair price shop of the applicant has been restored and as such the proceedings whatsoever has been initiated against the applicant is justified and the instant application is liable to be dismissed with cost. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the order passed by Sub- Divisional Officer, Patiyali, District Kasganj dated 30.09.2022 once set-aside by the competent court i.e., Additional Commissioner (Judicial), Aligarh Division, Aligarh vide order dated 06.12.2023, there is no occasion available with the prosecution to proceed against the applicant in pursuance to the action carried out during suspension period of the shop, once the suspension period of shop has become non-est and the same has been held as unjustified by way of quashing the same vide order dated 06.12.2023, no action of the applicant can be termed as illegal. 7. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 631 of 2023 (State of U.P. vs. Pradeep Singh) arising out of Case Crime no. 246 of 2022, under Sections 3/7 of Essential Commodities Act, Police Station Patiyali, District Kasganj pending in the Court of learned Additional Chief Judicial Magistrate, Kasganj, are hereby set-aside. 8. Accordingly, the application u/s 482 Cr.P.C. stands allowed. Order Date :- 22.7.2025/#Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad