Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17369 of 2025 Applicant :- Gopal Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The instant application under Section 528 BNSS has been preferred to quash charge-sheet dated 23.04.2022 along with cognizance/summoning order dated 27.04.2022 and the entire proceedings of Criminal Case No.26337 of 2022 (State vs. Gopal Prasad) arising from Case Crime No.0479 of 2018, under Sections 3/7 Essential Commodities Act, Police Station- Bhelupur, District- Varanasi, pending before learned court of Additional Chief Judicial Magistrate-I, Varanasi. 3. The allegation against the applicant is about manipulating the Aadhaar data base of the beneficiaries of the Public Distribution System maintained with the respondents and linked to their Aadhaar card. It is argued that once a beneficiary and his data is entered in data base and linked to the Aadhaar, called 'seeding', there is technically no possibility of manipulating the beneficiaries data base by anyone except the NIC or the District Supply Officer or a person authorized for the purpose by the District Supply Officer. The E-POS machine used by the fair price shop dealer for the purpose of distribution cannot technically be used to manipulate the date nor can it be manipulated by any other means. In the connected matters and a number of other cases the same issues are engaging the intention of this Court. 4. Matter requires consideration. 5. Issue notice to opposite party no. 2, returnable at an early date. 6. Steps be taken within a week. 7. After service of notice, all the opposite parties may prefer counter affidavit within four weeks. Two weeks thereafter for rejoinder, if any. 8. Connect with Application u/s 482 Cr.P.C. No.256 of 2025. 9. List after exchange of pleadings with connected matter. 10. Till the next date of listing, further proceedings in pursuance to Criminal Case No.26337 of 2022 (State vs. Gopal Prasad) arising from Case Crime No.0479 of 2018, under Sections 3/7 Essential Commodities Act, Police Station- Bhelupur, District- Varanasi, pending before learned court of Additional Chief Judicial Magistrate-I, Varanasi, shall remain stayed in respect of applicant herein. 11. However, it is made clear that the above-mentioned protection has been granted only in respect of fair price shop owners concerned, the same shall not be applicable in case of service provider/ agency holder/ operator of E-POS machine. Order Date :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad