HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7262 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard Shri Shubham Singh and Shri Suryakant Singh, 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 Petition duly supported by an Affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned proceeding of Complaint case no - 1663 of 2024 and summoning order dated 02/02/2024 in respect of Complaint Case No. 1663 of 2024, State Vs Akash Tiwari & another, under Section 26 (2) (iii), 31(1) & 63 of Food Safety & Standard act, 2006. Police Station kotwali Sahar, District Hardoi, and also quash the further proceeding of the aforesaid case in the interest of justice. It is further prayed that this Hon'ble Court kindly be pleased to stay the impugned proceeding of Complaint case no 1663 of 2024 and summoning order dated 02/02/2024 in respect of Complaint Case No. 1663 of 2024, State Vs Akash Tiwari & another, under Section 26 (2) (iii), 31(1) & 63 of Food Safety & Standard act, 2006. Police Station kotwali Sahar, District Hardoi and stay the further proceeding of the aforesaid case, 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, Versus Counsel for Applicant(s) : Surya Kant Singh Counsel for Opposite Party(s) : G.A. Dalbir Sangwan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) 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. Accordingly, the summoning order dated 02.02.2024, passed in Complaint Case No.1663 of 2024 (State Vs Akash Tiwari & another), under Section 26 (2) (iii), 31(1) & 63 of Food Safety & Standard Act, 2006, Police Station - Kotwali Sahar, District Hardoi, is hereby quashed/set aside. The Magistrate concerned is directed to pass summoning order afresh within a period of three weeks from today. With the aforesaid, the present application is allowed. September 2, 2025 ML/- A482 No. 7262 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench