Neutral Citation No. - 2025:AHC-LKO:356 Court No. - 18 Case :- APPLICATION U/S 482 No. - 6047 of 2015 Applicant :- Rajesh Singh Opposite Party :- State Of U.P. Thru. Senior S.P. Lukcnow And 2 Ors. Counsel for Applicant :- Lalit Kishore Pandey Counsel for Opposite Party :- Govt. Advocate Hon'ble Manoj Bajaj,J. Applicant being accused has approached this Court through this application under Section 482 Code of Criminal Procedure seeking quashing of the impugned order dated 17.11.2015 passed by Additional Sessions Judge, Court No. 10, Lucknow in Criminal Revision No. 000701 of 2014, whereby the order dated 29.03.2014 passed by Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow in Criminal Case No. 157 of 2010, titled State of U.P. Vs. Rajesh Singh, under Section 3/7 Essential Commodities Act, 1955 has been upheld. Learned counsel for the applicant has argued that the opposite party No. 3-complainant has falsely implicated the applicant in the alleged commission of crime punishable under Essential Commodities Act, 1955, and though after completion of investigation, nothing incriminating was found against him and the applicant was declared innocent, but on the basis of the protest petition filed by the complainant-opposite party No. 3, the applicant is facing prosecution. He submits that the mandatory provisions contained in the Essential Commodities Act, 1955 have not been followed, therefore, the prosecution of the applicant is not sustainable, and the trial court has erroneously dismissed the application seeking discharge, as no case would be made out for framing the charges against the applicant. Learned counsel for the applicant further submits that against the order dated 29.03.2014, a revision was also preferred, but the same has also been dismissed vide order dated 17.11.2015. Learned counsel for the applicant has argued that the material on record is not sufficient for prosecution of the applicant, therefore, interference is warranted by this Court in exercise of inherent powers under Section 482 CrPC. During the course of the hearing, it is fairly stated by learned counsel for the applicant that after submission of final report under Section 173(2) CrPC exonerating him, the Magistrate had summoned him vide order dated 03.12.2007 and the said order was never challenged by him. Upon hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application, as a perusal of the order dated 03.12.2007 would show that the Special Court (Essential Commodities Act), Lucknow has specifically observed regarding the admission of the applicant suffered by him at the stage of recovery of the domestic LPG cylinders from his place where he was carrying on the commercial activities by using the cylinders meant for domestic use. Further, it is specifically observed by the Special Court that the conclusion drawn by the investigating officer is not based upon correct appreciation of the material and proceeded to summon the accused-applicant. Concededly, the application filed by the accused-applicant seeking discharge has been dismissed by the trial court and the said order has been further upheld by the revisional court, but in the absence of the order framing charges, it would not be appropriate for this Court to exercise the inherent powers under Section 482 CrPC only to examine the correctness of the order refusing to discharge of the applicant in the above case. The order refusing to discharge the accused-applicant is not a complete order, therefore, without meaning any expression of opinion on the merits of the case, the application is dismissed. Order Date :- 3.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench