Neutral Citation No. - 2025:AHC:119961 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25588 of 2025 Applicant :- Omsharan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munendra Nath Chaubey 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 set aside the charge-sheet dated 11.07.2023 as well as summoning order dated 24.02.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 17, Etah and also entire criminal proceeding of Case no. 1908 of 2025 (State vs. Omsharan Singh) in Case Crime no. 0028 of 2023 under Section 3/7 Essential Commodities Act, 1955, PS- Malawan, District Etah, pending in court of Additional Chief Judicial Magistrate, Court no. 17, Etah. 3. It is submitted by learned counsel for applicant that over the complaint of one Smt. Bhagwan Devi, Gram Pradhan, Gram Panchayat Jalalpur, Etah, FIR has been registered against the applicant by informant Supply Inspector, Etah/opposite party no. 2, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. During course of investigation, District Supply Officer, Etah passed order dated 13.06.2023 whereby he suspended the Fair Price Shop licence issued in favour of applicant. Being aggrieved with order dated 13.06.2023, applicant preferred appeal before Additional Commissioner (Judicial), Aligarh who allowed the appeal vide order dated 20.10.2023 and restored the Fair Price Shop licence in favour of applicant. 4. Learned counsel for applicant contended that once, the controversy has been adjudicated and Fair Price Shop licence has been restored in favour of applicant on same set of facts which has been narrated in the present FIR, then continuation of proceeding of present FIR in shape of charge sheet dated 11.07.2023 and summoning order dated 24.02.2025 is abuse of process of law and is liable to be set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 6. After hearing the rival submissions extended by learned counsels for the parties, this Court finds that once the Fair Price Shop licence of applicant has been restored against the same set of allegations which is narrated in the FIR, there arises no occasion in favour of prosecution to pursue the proceeding in shape of Case Crime no. 0028 of 2023 under Section 3/7 Essential Commodities Act, 1955, PS- Malawan, District Etah since continuation of same will amount to abuse of process of law and as such in the light of order passed by Appellate Authority through which Fair Price Shop licence has already been restored in favour of the applicant, entire proceeding of Case no. 1908 of 2025 (State vs. Omsharan Singh) in Case Crime no. 0028 of 2023 under Section 3/7 Essential Commodities Act, 1955, PS- Malawan, District Etah is hereby set aside only in respect of applicant herein. 7. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 22.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad