Neutral Citation No. - 2025:AHC:1769 Court No. - 76 Case :- APPLICATION U/S 482 No. - 44340 of 2024 Applicant :- Javir Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Zarrar Khan,Deepak Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 09.02.2024 and the cognizance/summoning order dated 17.08.2024 as well as entire proceeding of Criminal Case No.1530 of 2024, titled State v. Javir Ali, arising out of Case Crime No. 550 of 2022, under Section 3/7 Essential Commodities Act, P.S. Hafijganj, District Bareilly, pending in the Court of Additional Chief Judicial Magistrate-I Bareilly. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. The allegations levelled against the applicant are false and concocted. The applicant has not committed any irregularity in the distribution of essential commodities, nor has he committed any such offence as alleged in the first information report. The applicant is not the owner of the premises from where the alleged recovery of 238 bags of NPK(123216) IFFCO fertilizer have been recovered. No recovery has been effected from the possession of the applicant. No offence under Section 3/7 of the Essential Commodities Act is made out against the applicant. 4. Per contra, learned A.G.A. has opposed the application and submits that there are serious allegations against the applicant of illegal storing of fertilizer at his premises. On spot inspection, carried out by the District Agriculture Officer/Inspector Fertilizer, 238 bags of NPK(123216) IFFCO fertilizer were recovered from the premises of one Chatrapal, which the applicant had taken on rent. 5. Perusal of the record and on examination of the document placed before the Court, its prima-facie established that on spot inspection carried out by the District Agriculture Officer/Inspector Fertilizer, 238 bags of NPK(123216) IFFCO fertilizer has been recovered from the applicant. The ingredients of Section 3/7 Essential Commodities Act are satisfied. Keeping in view the recovery of fertilizer from the applicant, no case for quashing of impugned proceedings is made out. 6. So far as the submissions raised by learned counsel for the applicant is concerned, it call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this Court in the exercise of powers u/s 482 Cr.P.C. 7. It's prima facie established by the prosecution that the applicant has illegally stored the fertilizer, without permission from competent authority. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 3.1.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad