Neutral Citation No. - 2025:AHC-LKO:36858 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5181 of 2025 Applicant :- Ravindra Kumar @ Ravindra Gopal And Anr. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Harendra Singh, Advocate holding brief of Sri Satish Kumar Sharma, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. appearing on behalf of the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 B.N.S.S. the applicants have prayed for quashing of the impugned charge sheet dated 16.01.2019, summoning order dated 21.12.2023 along with entire proceedings of Case Crime No.550 of 2017, under Section 3/7 of Essential Commodities Act, Police Station Mohanlalganj, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate-I, Lucknow. 3. The learned counsel for the applicants submitted that the main allegation was against the co-accused Vimla Devi who was a fair price shop holder that she was involved in black marketing of food grains meant for public distribution system. Her fair price shop license was cancelled by means of an order dated 03.05.2018 but the cancellation of her fair price shop license has been set aside by means of a judgment and order dated 07.04.2022, passed by a coordinate Bench of this court in Writ-C No.32417 of 2018. The applicant was driving the commercial vehicle wherein food grains were allegedly loaded. 4. The submission of the learned counsel for the applicants is that when the charges framed against the fair price shop license holder co-accused Vimla Devi have not been established and cancellation of her fair price shop license has been set aside by this court no proceedings can continue against the applicant on similar set of allegations. 5. Per contra, the learned A.G.A. has submitted that the allegations against the applicants is that they were driving the truck on which 200 sacks of wheat were loaded which were meant for beneficiaries of Antyoday Scheme under National Food Security Act, 2013. The allegation against the applicants are different and distinct from the allegations levelled against the co-accused Vimla Devi. 6. The F.I.R. dated 28.09.2017 lodged against five persons, including the applicants mentions that 200 sacs of wheat were loaded in a truck which was being driven by the applicants. The judgment and order dated 07.04.2022, passed in Writ-C No.32417 of 2018 merely states that the charge no.1 levelled against the co-accused Vimla Devi in proceeding for cancellation of her fair price shop license was based merely on a newspaper report. The other charge pertaining to the irregular distribution was also held to be proved without recording any findings regarding any shortage of food grains at the shop of co-accused Vimla Devi. The cancellation order did not reflect any evidence collected from any card holder regarding irregular supply of food grains. 7. The aforesaid grounds which led to the order of cancellation of fair price shop license of Smt. Vimla Devi being quashed do not affect the legality of continuance of criminal proceedings against the applicant on different set of facts. 8. Accordingly, I am of the considered view that setting aside of cancellation of fair price shop license of co-accused Vimla Devi would not affect the continuance of criminal proceedings against the applicant. The correctness or otherwise of the allegations is left to be open to the done by the trial court after taking into consideration the evidence led by the parties. 9. The application lacks merit and the same is accordingly dismissed. . [Subhash Vidyarthi, J.] Order Date :- 1.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench