Neutral Citation No. - 2025:AHC:36846 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7999 of 2025 Applicant :- Smt. Munni Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application under Section 482 Cr.P.C. has been preferred with a prayer to quash the cognizance order dated 24.04.2023, passed by the learned Additional Chief Judicial Magistrate-2, Shikohabad, Firozabad, as well as the entire criminal proceedings of Case No. 11829 of 2023, titled State v. Smt. Munni Devi, arising out of Crime No. 153 of 2022, under Section 3/7 of the Essential Commodities Act, 1955, Police Station Jasrana, District Firozabad, pending before the learned Additional Chief Judicial Magistrate-2, Shikohabad, Firozabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case and the charge sheet has been filed on insufficient evidence. It is further contended that although the applicant is a fair price shop dealer, no offence as alleged has been committed. The primary allegation against the applicant pertains to the shortfall of rations, which, according to the learned counsel, cannot be adequately quantified and measured by the police as per the prescribed norms of law. It is also submitted that on inquiry conducted by the licensing authority has already exonerated the applicant from the allegation of shortfall. Thus, it is argued that the continuation of criminal proceedings against the applicant amounts to abuse of the process of law. 4. On the other hand, learned A.G.A. for the State-respondent has vehemently opposed the application and submits that the material collected during the investigation is sufficient to proceed against the applicant. The cognizance order passed by the learned Magistrate does not suffer from any illegality or infirmity warranting interference under Section 482 Cr.P.C. 5. Upon careful consideration of the submissions made by the learned counsel for the applicant and learned A.G.A., and after perusal of the material available on record, it is evident that the contentions raised by the applicant involve disputed questions of fact, which are to be examined during the course of the trial. The inherent jurisdiction under Section 482 Cr.P.C. is to be exercised with caution and circumspection and only to prevent abuse of the process of law or to secure the ends of justice. Prima-facie, ingredients of section 3/7 of the E.C. Act are made out against the applicant as on inspection, shortfall was noticed by the inspection team. 6. In view of the above discussion and considering the facts and circumstances of the case, no sufficient ground is made out for quashing the cognizance order or the criminal proceedings at this stage. 7. The application is devoid of merit, and is accordingly, dismissed. Order Date :- 11.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad