Neutral Citation No. - 2025:AHC-LKO:48094 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6387 of 2025 Applicant :- Ajit Khatri @(Ajit Kumar Khatri) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Indra Pratap Singh,Akhileshwar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, has been filed with the prayer to quash the impugned summoning order dated 14-10-2024 passed by learned Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 11160 of 2024(State Vs Ajit Khatri) under section 5Ka, 9Kha of the Explosive Act,1984 and section 336 of the I.P.C. in Crime No. 633 of 2023, Police Station-Akbarpur, District- Ambedkar Nagar and the chargesheet No. A-542 of 2023, dated 14-12-2023. It is argued by the learned counsel for applicant that the first information report was registered against the applicant, who is 79 years of age, on 10-11-2023 while alleging that the applicant had no license of fire crackers and he was having fire crackers, which was recovered. He added that infact the license of fire crackers was expired on 05-07-2022 and prior to the same, the applicant applied for renewal of the license, which was pending before the District Magistrate, Ambedkar Nagar and that is still pending as well. He added that section 5-A of the Explosive Act,1884,is evident that if such an application is moved prior to expiry of the license and that is not decided within the period prescribed, he shall have right to continue with the business of fire crackers and therefore, submission is that the applicant has committed no offence. He added that the applicant is an old man of 79 years of age and is suffering with certain serious ailments and the process was issued on 15-10-2024 and because of unavoidable circumstances, he could not appear on certain dates and therefore, the bailable warrant has also been issued. He next added that the matter could not have been proceeded against him as per the provisions prescribed under section 5-A of the Explosive Act,1884. After the aforesaid arguments, he submits that the interest of justice would be sub-served, if this Hon'ble Court may be pleased to give liberty to the applicant to appear before the learned trial court and to move discharge application through counsel. Learned counsel appearing for the State though has opposed the contentions aforesaid, but, he has no objection if the liberty is given to the applicant, as sought above. Considering the submissions of learned counsel for the parties and looking into the factual dispute in this matter and considering the age of the applicant, the liberty is given to him to move a discharge application through counsel within a period of two weeks and if such an application is moved, the learned trial court shall decide the same within further period of 45 days. The bailable warrant issued against the applicant shall not be given effect till then. It is provided that after passing of the aforesaid period, the learned trial court may proceed accordance with law. The instant application is disposed of accordingly. Order Date :- 18.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench