Neutral Citation No. - 2025:AHC-LKO:48677 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 880 of 2025 Applicant :- Rishabh Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Food Safety Drug Govt. Of U.P. Lko. And Another Counsel for Applicant :- Amar Nath Dubey,Ankit Dubey,Mohd Ali Akbar Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Amar Nath Dubey along with Ms Swati Sharma, learned counsel for the applicant, Shri S.P. Tiwari, learned A.G.A. for the State and perused the record. For the orders proposed to be passed, notice to the opposite party No.2 is hereby dispensed with. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding of Criminal Complaint Case No.148/2025, under Section-26 (2), 59 (1), 63 The Food Safety and Standards Act 2006, Police Station-Kotwali Palia, District- Lakhimpur-Kheri, State of U.P. Versus Rishabh Agarwal and another as well as impugned summoning order dated 15.02.2025 passed by learned Additional Chief Judicial Magistrate I, Lakhimpur-Kheri in the aforesaid complaint case and further it may be pleased to stay the entire criminal proceeding of Criminal Complaint Case No. 148/2025, under Section-26 (2), 59 (1), 63 The Food Safety and Standards Act 2006, Police Station- Kotwali Palia, District-Lakhimpur-Kheri, State of U.P. Versus Rishabh Agarwal and another as well as impugned summoning order dated 15.02.2025 passed by learned Additional Chief Judicial Magistrate 1, Lakhimpur-Kheri, in the interest of justice." Upon due consideration of the submissions advanced by the parties and first proviso to Section 223 (1) of BNSS, 2023 and also the observations of Hon'ble Apex Court in the case of Yash Tuteja Vs. Union of India reported in 2024 SCC OnLine SC 533, Tarsem Lal Vs. Enforcement Directorate reported in (2024) 7 SCC 61 and Kushal Kumar Agarwal Vs. Directorate of Enforcement, reported in 2025 SCC OnLine SC 1221 as also by this Court in the case of Mohd. Muzayyn Vs. State of U.P. and Another, Neutral Citation No.2025:AHC:65284 [Application U/S 528 BNSS No.9725 of 2025], this court is of the view that an opportunity ought to have been provided to the applicant by the Magistrate before proceeding further in the matter, which has not been provided and therefore the indulgence of this Court is required. The summoning order dated 15.02.2025, passed by Additional Chief Judicial Magistrate-I, Lakhimpur Kheri in Criminal Complaint Case No.148/2025 (State of U.P. Versus Rishabh Agarwal and another) under Section-26 (2), 59 (1), 63 of the Food Safety and Standards Act, 2006, Police Station-Kotwali Palia, District-Lakhimpur-Kheri is hereby quashed/set aside. The Magistrate concerned is directed to pass a fresh order within a period of three weeks. With the aforesaid, the present application is allowed. Order Date :- 20.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench