Neutral Citation No. - 2025:AHC:9562 Court No. - 76 Case :- APPLICATION U/S 482 No. - 20358 of 2024 Applicant :- Rajendra Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the chargesheet dated 07.11.2023, the cognizance/summoning order dated 18.01.2024, as well as the entire proceedings of Case No. 147 of 2024, titled State v. Rajendra Prasad, arising out of Case Crime No. 106 of 2023, under Section 3/7 of the Essential Commodities Act, registered at Police Station Itwa, District Siddharth Nagar, pending trial before the Chief Judicial Magistrate, Siddharth Nagar. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case at the behest of the Supply Inspector due to ulterior motives. He further submits that the provisions of the Control Order dated 10.08.2016 have not been complied with. The inventory was not prepared in accordance with Section 100 Cr.P.C. Moreover, there were no independent witnesses to the search. The allegations regarding a shortfall of stock at the premises are disputed, as the entire premises were not searched, and the deficient stock was found in a separate room adjacent to the godown. The fair price shop license was allegedly cancelled illegally based on the statements of three cardholders. The chargesheet has been erroneously filed without conducting a fair investigation. Learned counsel has relied on the judgment passed on 19.04.2022 by a coordinate Bench of this Court in Application U/s 482 No. 14626 of 2021, where the FIR was quashed. The relevant paragraph 7 of the said judgment is quoted hereinbelow: "7. All the allegations in the FIR are general in nature. There is no specific allegation. The only allegations are that the fair price shop dealer charges more than the fixed price, distributes commodities in less quantity, and when weighed at home, the weight is found to be less. The statements of the witnesses recorded by the investigating officer also contain general allegations. Witness Mohd. Zaki is the person who got the fair price shop after the cancellation of the quota of the accused- applicant. There are no specific allegations regarding any forgery committed by the accused or which entry was forged. In the absence of specific allegations, the offense of cheating and forgery cannot be proved. There is no reference to any violation of any control order in the FIR, yet Section 3/7 of the Essential Commodities Act has been invoked. Therefore, even if the evidence on record is accepted as true, it is insufficient to convict the accused-applicant." 4. The judgment cited by the applicant is distinguishable, as it deals with the facts of FIR impugned in that case, therefore, it is not relevant to the present case. 5. Per contra, Shri Vibhav Anand Singh, learned A.G.A., submits that the provisions of the Control Order dated 10.08.2016 have been followed in letter and spirit. The FIR was lodged after the approval of the District Magistrate, and there is no procedural irregularity. The applicant has been found involved in black marketing, as evidenced by the complaint and the subsequent inspection, during which a shortfall of wheat and rice was observed, and an inventory was prepared. The contention raised by the applicant regarding false implication is a matter for the trial court to examine. 6. In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. A perusal of the record shows that during the inspection, a shortfall of wheat and rice was observed, and the statement of the complainant recorded under Section 164 Cr.P.C. prima facie discloses the ingredients of an offense under Section 3/7 of the Essential Commodities Act. 7. The application under Section 482 Cr.P.C. is, therefore, devoid of merit and is accordingly dismissed. Order Date :- 21.1.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad