Neutral Citation No. - 2025:AHC:16057 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3564 of 2025 Applicant :- Arvind Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj Yadav Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 23.12.2024, as well as the entire proceedings of Special Sessions Case No. 45 of 2022, titled State v. Arvind Kumar Gupta, under Sections 26, 51, and 59 (III) of the Food Safety and Standards Act, 2006, at Police Station Manikpur, District Chitrakoot, presently pending before the Court of Additional District and Sessions Judge, Court No. 1, Banda. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present matter as he could not fulfill the illegal demand raised by the Food Inspector. It is submitted that the applicant is neither the manufacturer of the pulse nor has any concern with the recovery of the alleged pulse. Furthermore, there exists no independent public witness to the seizure, in that case there is possibility of tampering with the samples. It is further argued that the impugned proceedings constitute an abuse of the process of law and, as such, are liable to be quashed. 4. Per contra, Shri Vibhav Anand Singh, learned A.G.A. has drawn the attention of this Court to the report prepared by Shri J.N. Singh, Food Safety Officer, Chitrakoot, wherein it has been opined that the seized food item was found unfit for human consumption. In view of the said report, the ingredients of Sections 26, 51, and 59(III) of the Food Safety and Standards Act, 2006, are made out. 5. In the instant matter, the submissions raised by learned counsel for the applicant 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 proceeding 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 exercise of powers u/s 482 Cr.P.C. Further, the report of the Food Safety Officer, Chitrakoot, categorically states that the seized food item was unsuitable for human consumption, therefore, prima facie ingredients of Sections 26, 51, 59 (III) the Food Safety and Standard Act, 2006 are made out. 6. In light of the foregoing discussion, the instant application under Section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 5.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad