HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5696 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Suresh Kumar Gupta along with Sri Veerendra Singh, learned counsels for the applicants and learned A.G.A. for the State. 2. Present application has been preferred to quash the impugned charge- sheet dated 30.10.2024 as well as summoning/cognizance order dated 10.12.2024 including the entire proceedings of Criminal Case No. 2337 of 2024 (State vs. Prince Kumar and others) arising out of Case Crime No. 0168 of 2024, under section 60 of Excise Act, 1910, Police Station- Nagina Dehat, District-Bijnor, pending in the Court of learned Judicial Magistrate, Nagina Bijnor as well as to stay the further proceedings of abovementioned case. 3. While challenging the entire proceedings arising out of case crime no. 0168 of 2024, wherein specific allegation has been put-forward against the applicants in terms of section 60 of Excise Act, 1910, wherein the applicants have been implicated. By bare perusal of the narration of the FIR, it is revealed that the specific allegation against the applicants that although being the licensee of particular district, certain amount of liquor has been recovered from his custody, which was not permitted to be sold out in the district for which the license has been extended in favour of the applicants. 4. Learned counsel for the applicants has submitted that for similar set of facts due to the same irregularity, the applicants have been proceeded in pursuance to notice dated 20.08.2024 which has been properly replied and Versus Counsel for Applicant(s) : Suresh Kumar Gupta, Veerendra Singh Counsel for Opposite Party(s) : G.A. Prince Kumar 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) thereafter a specific order dated 06.11.2024 has been issued by the District Magistrate, Bijnor, through which compounding of Rs. 3,24,000/- determined by the District Magistrate, Bijnor has already been deposited on dated 07.11.2024. Learned counsel for the applicants has further submitted that once on similar set of allegation, the offence whatsoever has been committed by the applicant being licensee has been determined as compoundable vide order dated 06.11.2024 and the compounding in shape of Rs. 3,24,000/- has already been deposited and as such there is hardly any cause of action available before the prosecution to continue and proceed in pursuance to case crime no. 0168 of 2024. 5. Learned counsel for the applicants has emphatically submitted that cognizance of offence has been taken up by learned concerned court is also after subsequent to order dated 06.11.2024 through which entire offence whatsoever has been committed by the applicants has already been compounded. 6. Per contra, learned A.G.A. has vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants but at the same time did not disputed the order dated 06.11.2024 passed by District Magistrate, Bijnor and in pursuance to the same, the compounding of Rs. 3,24,000/- has already been deposited, which is crystal clear from the receipt appended along with the affidavit as Annexure-10 available at page no. 105. 7. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that narration of the FIR is similar to the proceeding initiated in pursuance show cause notice by District Magistrate, Bijnor, wherein the reply has been submitted and culminated into order dated 06.11.2024, meaning thereby on similar set of facts, two separate proceedings has already been initiated. In one proceeding, the offence whatsoever has been committed by the applicants has been compounded in shape of direction to deposit Rs. 3,24,000/- and the same has been deposited by the applicants and as such the proceedings initiated against the applicants on same set of facts at the criminal side amounts to double jeopardy against the applicants, which is all and every time, harassed by several verdicts extended by Hon'ble Apex Court for NA528 No. 5696 of 2025 2 substantiating the dictum pronounced by Hon'ble Apex Court in Manikandan vs. C.B.I. and Others, 2024 INSC 1007. 8. The adjudication in shape of order dated 06.11.2024 amounts to quietus given to the proceedings in terms of violation of any specific conduction of business being a licensee by the applicants, although the liquor was not permitted to be sold out in respective district but the revenue incurred out of the same was the prime object and the same has already been fulfilled in shape of receiving Rs. 3,24,000/- in shape of compounding as assessed by District Magistrate, Bijnor. 9. In view of aforementioned facts and circumstances, no criminal proceeding can be permitted to be continued against the applicants on similar set of facts and as such entire proceedings of Criminal Case No. 2337 of 2024 (State vs. Prince Kumar and others) arising out of Case Crime No. 0168 of 2024, under section 60 of Excise Act, 1910, Police Station-Nagina Dehat, District-Bijnor, pending in the Court of learned Judicial Magistrate, Nagina Bijnor are hereby set-aside, which includes chargesheet dated 30.10.2024 as well as summoning/cognizance order dated 10.12.2024 also. 10. The application stands allowed accordingly. 11. It is however made clear that the licensee is applicant no. 3, whereas implication of applicant nos. 1 and 2 are under the capacity of only being helping, who are rendering their services at the shop of the licensee. August 23, 2025 #Vik/- NA528 No. 5696 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad