Neutral Citation No. - 2025:AHC:45424 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9517 of 2025 Applicant :- Jai Prakash Katiyar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred for quashing the charge-sheet no.503 of 2024 dated 15.08.2024, cognizance/summoning order dated 18.01.2025 passed by learned Additional Chief Judicial Magistrate, Court No.1, Bareilly as well as the entire proceedings of Criminal Case No.44 of 2025 (State vs. Jai Prakash Katiyar), under sections 3/7 of Essential Commodities Act arising out of Case Crime No.0537 of 2023, P.S. Baradari, District- Bareilly, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Bareilly. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. 5. Be that as it may, no useful purpose shall be served by way of keeping the matter pending before this Court. 6. Considering the arguments raised by learned counsel for the parties, if there is no legal impediment, learned court of Additional Chief Judicial Magistrate, Court No.1, Bareilly is hereby directed to proceed with Criminal Case No.44 of 2025 (State vs. Jai Prakash Katiyar), under sections 3/7 of Essential Commodities Act arising out of Case Crime No.0537 of 2023, P.S. Baradari, District- Bareilly and decide the same as expeditiously as possible by way of giving proper opportunity of hearing to all the concerns. 7. 7. Both the parties are hereby directed to extend their full co- operation to learned concerned court for achieving directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties. 8. However, it is made clear that the applicant is hereby directed to ensure his presence through counsel before learned concerned court. Personal appearance of the applicant, if directed for the specific date, the same may be intimated through counsel to the applicant by learned court concerned, which is mandated as per the procedure. 9. The instant application stands disposed of accordingly. Order Date :- 2.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad