HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22738 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 20.8.2025, giving rise to Case Crime No. 224 of 2025, under Section 3/7 Essential Commodities Act,1955, Police Station- Hayatnagar, District- Sambhal. 3. Learned counsel for the petitioners submits that the petitioners is wholly innocent and has been falsely implicated in the instant case with oblique motive. 4. Learned counsel for the petitioners has next submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners, as such the impugned FIR is liable to be quashed. 5. Per contra, learned AGA has submitted that the samples collected from the factory of the petitioners have been found to be sub standard and from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioners and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Versus Counsel for Petitioner(s) : Dileep Kumar Shukla, Mohit Singh Counsel for Respondent(s) : G.A. Rashid Ali And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. The probable defence of the accused cannot be considered at this stage to quash the FIR. 6. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the samples collected from the factory of the petitioners have bee noted to be sub standard and from the allegations made in the impugned F.I.R. and the relevant law cited by learned A.G.A. for the State and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioner and noting the submissions made by learned AGA, and keeping in view the fact that the probable defence of a petitioners cannot be considered at this nascent stage, we are not inclined to quash the FIR in exercise of our discretionary power under article 226 of the Constitution of India. 7. The prayer for quashing the impugned FIR is, therefore, refused. 8. The writ petition lacks merit and it is accordingly dismissed. October 14, 2025 R CRLP No. 22738 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad