Neutral Citation No. - 2025:AHC:53969 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12024 of 2025 Applicant :- Raj Kumar Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the prayer to quash the entire proceeding of Case no. 1118 of 2020 (State vs. Raj Kumar and others) arising out of Case Crime no. 290 of 2020 under Section 3/7 Essential Commodities Act & sections 407, 424, 120B IPC, Police Station Tappal, District Aligarh pending in the court of Additional Chief Judicial Magistrate-I, Aligarh as well as charge sheet dated 20.03.2021 submitted by investigating officer and cognizance order dated 04.10.2021 passed by learned Additional Chief Judicial Magistrate-I, Aligarh. 3. Learned counsel for applicant submitted that opposite party no. 2/Supply Inspector, Aligarh lodged a FIR against four persons excluding applicant on dated 13.06.2020 at Case Crime no. 290 of 2020, under Section 3/7 Essential Commodities Act, PS- Tappal, District Aligarh for incident alleged to have occurred on dated 11.06.2020. On dated 10.08.2020, District Magistrate, Aligarh issued sanction in respect of one Raj Kumar s/o Pooran Singh in pursuance to Section 11 of Essential Commodities Act, 1955 and charge sheet was submitted against Raj Kumar s/o Pooran Singh on dated 11.08.2020 under Section 3/7 Essential Commodities Act & sections 120B, 424 IPC before concerned court. Learned concerned court took cognizance over the said charge sheet on dated 12.08.2020. 4. Applicant namely Raj Kumar Singh Yadav s/o Govind Singh was not named in the FIR and one Raj Kumar S/o Pooran Singh who was driver of vehicle has been named in the FIR. Name of applicant came in light during investigation in CD Parcha no. 11 dated 11.08.2020, wherein the Investigating Officer recorded a finding that it seems that applicant is also involved in the present case. Thereafter, the Investigating Officer after completing investigation, submitted charge sheet against one Ramveer, Bijendra @ Karua and Raj Kumar Singh Yadav (applicant) in pursuance to Section 3/7 Essential Commodities Act & sections 407, 424, 120B IPC on dated 20.03.2021, whereupon, learned Magistrate concerned took cognizance vide impugned order dated 04.10.2021. 5. Learned counsel for applicant contended that applicant has been implicated merely because he was the Godown In-charge. Entire proceeding against the applicant is illegal and arbitrary as no sanction has ever been granted by District Magistrate, Aligarh for prosecuting the applicant. Learned trial court erred in taking cognizance against applicant in view of bar contained in Section 11 of Essential Commodities Act, 1955 and as such the proceeding against applicant is liable to be quashed. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid arguments. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that sanction in pursuance to Section 11 of E.C. Act, 1955 has been issued vide order dated 10.08.2020 passed by District Magistrate, Aligarh only in respect of accused Raj Kumar s/o Pooran Singh whose name is available as accused no. 1 in the instant FIR available at page no. 47 of the instant application, whereas the name of the applicant has not been mentioned in the FIR and as such argument raised by learned counsel for applicant seems to be forceful. 8. In absence of sanction by District Magistrate, Aligarh in respect of applicant, proceeding arising out Case no. 1118 of 2020 (State vs. Raj Kumar and others) arising out of Case Crime no. 290 of 2020 is hereby set aside only in pursuance to Section 3/7 of Essential Commodities Act, 1955 and only in respect of applicant. Learned court of Additional Chief Judicial Magistrate-I, Aligarh/concerned court is directed to proceed against the applicant in pursuance to rest of sections 407, 424, 120B of IPC in pursuance to order dated 04.10.2021. 9. The instant application stands partly allowed accordingly. Order Date :- 11.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad