Neutral Citation No. - 2025:AHC:109899 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40518 of 2024 Applicant :- Mr Chandrashekhar Ghosh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ram Chandra, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 482 of Cr.P.C. has been preferred to quash the summoning order dated 3.7.2024 passed by the learned Chief Judicial Magistrate, Chandauli, in Case No. 10434 of 2024 (State Vs. Sri Chandrashekhar Ghosh and another) under Section 35 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, pending in the Court of learned Chief Judicial Magistrate, Chandauli, as well as, the entire proceedings of the Case No. 10434 of 2024 (State Vs. Sri Chandrashekhar Ghosh and another) pending in the Court of Learned Chief Judicial Magistrate, Chandauli. 3. Learned counsel for the parties have made a statement that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the application is being decided at the fresh stage. 4. The case of the applicant is that the opposite party no. 2 visited the outlet of the applicants on 21.09.2023 and during the inspection, it was alleged that there was violation of Section 35 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 read with U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963, a complaint came to be lodged under Section 35 of the Act on 10.05.2024. Thereafter, on 03.07.2024 the applicants have been summoned followed by an order dated 17.07.2024 for bailable warrants. An order also came to be passed on 21.10.2024 for bailable warrants. 5. Questioning the said orders, the present application has been filed. 6. Learned counsel for the applicant has submitted that the summoning order is patently illegal contrary to law for the simple reason that they do not even recite the case of the complainant and it is unreasoned non speaking. He seeks to rely upon the judgment of Hon'ble Supreme Court in M/s JM Laboratories vs. State of Andhra Pradesh 2025 INSC 127. Learned counsel for the applicant submits that the summoning order be set aside, matter be remitted back to the court below to pass a fresh order. 7. Learned AGA, on the other hand, submits that as per the complaint, there happens to be allegations of commission of offences, however, he could not dispute the fact that the summoning order has been passed without assigning any reason and according any satisfaction for, prima facie, invocation of the penal provisions. He submits that the order be set aside, matter be remitted back to the court below to pass a fresh order. 8. I have heard the submissions so made across the bar and perused the record carefully. 9. The order dated 03.07.2024 is quoted hereinunder.- "आज चचालचाननी ररिपपोरर पचाप्त हहई, आददेश हहआ ककि दजर रिजजस्ररि किरि अकभिययक्त किपो सचामन वचास्तदे हचाजजरिनी कदनचानांकि 13.07.2024 किदे जलए जचारिनी हपो। मयख्य न्यचाकयकि ममैजजस्रटदेर चनांददौलनी" 10. A perusal of the order dated 03.07.2024 summoning the applicants would go to show that the same is non speaking unreasoned and he does not even recite the case of the complainant less to say, prima facie, application of the penal provisions in M/s JM Laboratories. Since the summoning order is not as per the mandate of Hon'ble Apex Court in M/s JM Laboratories (supra), thus, this Court has no option but to set aside the same. 11. Accordingly, the application stands disposed of in the following terms.- (a) the summoning order dated 03.07.2024 passed by learned Chief Judicial Magistrate, Chandauli, in Case No. 10434 of 2024 be set aside; (b)matter be remitted back to the court below to pass a fresh order in accordance with law. 12. For facilitation, the certified copy of the order passed today shall be furnished to the court below by 25.07.2025 by the applicants as well as by the learned AGA. Order Date :- 10.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad