Neutral Citation No. - 2025:AHC:94103 Court No. - 74 Case :- APPLICATION U/S 482 No. - 42435 of 2024 Applicant :- Rekha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Dwivedi,Vikram Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vikram Bahadur Yadav, learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 06.01.2023, cognizance/summoning order dated 26.04.2023 as well as the entire proceedings of Case No.8718 of 2023 (State vs. Rekha Devi), arising out of Case Crime No.393 of 2022, under section 504 I.P.C. and Section 3/7 Essential Commodities Act, P.S. Rura, District Kanpur Dehat, pending in the court of Judicial Magistrate/Additional Civil Judge (Senior Division) IIIrd, Kanpur Dehat as well as to stay the further proceedings of abovementioned case. 3. While challenging the entire proceedings of the aforesaid case in which the applicant has been falsely implicated in pursuance of Section 3/7 of the Essential Commodities Act (in short 'E.C. Act'), it is submitted that the conduction of Fair Price Shop, which was authorized in favour of the applicant, has already been restored vide order dated 04.09.2023 passed by the Additional Commissioner (Administration), Kanpur, wherein it has been held that there is hardly any discrepancy or irregularity found while conducting the Fair Price Shop by the applicant. 4. Learned counsel for the applicant further submits that once it has already been decided by the competent authority under the statutory provisions of the E.C. Act, there is no irregularity committed by the applicant in conduction of the Fair Price Shop. He further submits that the applicant has been dragged into unwanted criminal litigation in pursuance of Section 3/7 E.C. Act, whereas the control order, which has to be ensured, has already been determined in favour of the applicant. 5. Per contra, learned A.G.A. vehemently opposed the application but could not dispute the fact in relation to the determination drawn by the Additional Commissioner (Administration), Kanpur while deciding the appeal preferred at the behest of the applicant vide order dated 04.09.2023. 6. In view of the aforesaid facts and circumstances, once a order of reinstatement of contract of Fair Price Shop has already been passed by the Additional Commissioner (Administration), Kanpur in favour of the applicant with a specific finding that there is hardly any irregularity committed or apparent from the side of the applicant, there was no necessity for the prosecution to proceed with the aforesaid case crime against the applicant. 7. The entire proceedings of Case No.8718 of 2023 (State vs. Rekha Devi), arising out of Case Crime No.393 of 2022, under section 504 I.P.C. and Section 3/7 Essential Commodities Act, P.S. Rura, District Kanpur Dehat as well as charge-sheet dated 06.01.2023, cognizance/summoning order dated 26.04.2023, pending in the court of Judicial Magistrate/Additional Civil Judge (Senior Division) IIIrd, Kanpur Dehat, are hereby set aside. 8. Application stands allowed, accordingly. Order Date :- 30.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad