Neutral Citation No. - 2025:AHC:94138 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18669 of 2025 Applicant :- Ramesh Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the cognizance/summoning order dated 12.12.2023 and charge-sheet dated 12.07.2023 as well as entire proceeding of Case no. 86620 of 2023 (State vs. Ramesh Ram) under Section 3/7 E.C. Act, 1955 arising out of Crime no. 33 of 2023, PS- Bhudkuda, District Ghazipur pending in court of learned Additional Chief Judicial Magistrate, Court no. 17, Ghazipur. 3. At the very outset, it is contended by learned counsel for applicant that Essential Commodities Act is a special act and offences under this Act is triable by Special Court and also cognizance has to be taken up by learned special court but in the present case, cognizance has been taken up by learned Additional Judicial Magistrate, Ghazipur which is not sustainable in the eye of law. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid argument. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the main contention which has been raised by learned counsel for the applicant that the cognizance which has been taken up by learned court concerned is not authorized since there is a specific notification issued by the High Court for Special Court, Essential Commodities Act, in favour of one Additional Chief Judicial Magistrate but in the instant matter the cognizance of offence has been taken up in pursuance to Essential Commodities Act by Additional Chief Judicial Magistrate, who is not notified as a Special Court for Essential Commodities Act. Rest of the other grounds taken up by learned counsel for the applicant is also in the nature for seeking consideration of this Court. 6. Impugned cognizance/summoning order dated 12.12.2023 is hereby set aside. Matter is remitted back to learned Special Judge, Special Court,Essential Commodities Act, Ghazipur for taking fresh cognizance of offence, if required against applicant. 7. The application u/s 528 BNSS stands allowed. Order Date :- 30.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad