Neutral Citation No. - 2025:AHC:71300 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13021 of 2025 Applicant :- Gulab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Singh,Saurabh Tripathi 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. This application under section 528 BNSS has been preferred to quash the charge-sheet dated 05.01.2019, cognizance/summoning order dated 17.09.2024 and the entire proceedings of Case No.30498 of 2024 (State vs. Gulab Singh Kotedar and Others) arising out of Case Crime No.533 of 2017, under sections 3/7 Essential Commodities Act, P.S. Mangalpur, District- Kanpur Dehat, pending in the court of learned Additional Chief Judicial Magistrate-I, Kanpur Dehat as well as to stay the further proceedings of above-mentioned case. 3. It is the arguments raised by learned counsel for applicant that the entire narration and the allegation against the applicant through which he has been charge-sheeted on dated 05.01.2019, whereupon cognizance of offence has been taken up by learned court concerned is merely on the basis of apprehension and presumption. 4. So far as regarding the articles is concerned, the same has been duly created in favour of applicant for which the due bill has already been paid and that is for public distribution only, change of route while receiving the article in shape of kerosene oil implicated the applicant along with driver of concerned tractor over which the kerosene oil is being carried. Learned counsel for the applicant further submitted that the liability fastened against the applicant was only under the ambit of vicarious and not the actual one at the time of incident since driver of the tractor was also implicated, who detour the main route as alleged in the F.I.R. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted that the charge-sheet has already been preferred against the applicant by concerned Investigating Officer after conduction of detail investigation, now the applicant is having only remedy to seek bail before learned court concerned. 6. After having rival submissions extended by learned counsel for the parties, in reference of arguments raised by learned counsel for applicant specific query has been made that the essence of agreement entered between the parties, i.e., the applicant and the licensing authority for conduction of fair price shop is having any specific route for plying the vehicle at the time of carrying the commodities, articles etc. from the storage to shop concerned; learned counsel for applicant submitted that due to want of any specific instructions he is not aware about the essence of agreement which is having the same condition as queried by this Court and at the same time copy of agreement has not been appended at the time of filing instant application. 7. In absence of any specific terms and conditions agreeable between the parties, no adjudication is possible on the basis of agreement raised by learned counsel for applicant and as such the remedy as suggested by learned A.G.A. is only applicable in favour of applicant. 8. In view of aforementioned facts and circumstances, applicant is hereby directed to put up his appearance before learned court concerned for seeking all the other remedies available at law in his favour within a period of three weeks from today. 9. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. 10. The instant application stands disposed of accordingly. Order Date :- 5.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad