Neutral Citation No. - 2025:AHC:108365 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20574 of 2025 Applicant :- Sanjay Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anant Prakash Mishra,Suneel Kumar Mishra 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 perused the record. 2. This application has been filed by the applicant to quash the entire proceeding as well as Charge Sheet dated 08.02.2019 alongwith cognizance order dated 17.12.2019 passed by Additional Chief Judicial Magistrate, Court No.1, Mirzapur, in Case No. 1056 of 2020 (State vs. Sanjay Gupta) arising out of Case Crime No.413 of 2017, under Section 3/7 of Essential Commodities Act, 1955, Police Station Machhawan, District Mirzapur, including the consequential proceeding of this case during pendency of the present application. 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 AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial 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. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 9.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad