Neutral Citation No. - 2025:AHC:136483 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27887 of 2025 Applicant :- Narendra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Padia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Yash Padia, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "...to stay the effect and operation of charge sheet no. 152091404 dated 02.07.2020 as well as cognizance and summoning order dated 20.10.2020 passed by learned A.C.J.M.-I, Ballia in Criminal Case no. 1059 of 2020 (State vs. Poonam Singh and another) arising out of Case Crime no. 201 of 2018 under Section 36 of Weight & Measurement Act, 1958 and Section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District- Ballia along with all sub-sequential orders against the applicant, during pendency of present application. ...to stay the effect and operation of order dated 21.12.2020 passed by learned A.C.J.M.-I, Ballia in Criminal Case no. 1059 of 2020 (State vs. Poonam Singh and another) arising out of Case Crime no. 201 of 2018 u/s 36 of Weight & Measurement Act, 1958 and Section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District- Ballia against the applicant, during the pendency of present application. ...to stay the further proceeding in Criminal Case no. 1059 of 2020 (State vs. Poonam Singh and another) arising out of Case Crime no. 201 of 2018 u/s 36 of Weight & Measurement Act, 1958 and Section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District- Ballia pending in court of A.C.J.M.-I, Ballia. ...quash/set aside the charge sheet no. 152091404 dated 02.07.2020 as well as cognizance and summoning order dated 20.10.2020 passed by learned A.C.J.M.-I, Ballia in Criminal Case no. 1059 of 2020 (State vs. Poonam Singh and another) arising out of Case Crime no. 201 of 2018, u/s 36 of Weight & Measurement Act, 1958 and Section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District- Ballia along with all sub-sequential orders against the applicant pending in court of A.C.J.M.-I, Ballia. ...to quash/set aside the order dated 21.12.2020 passed by learned A.C.J.M.-I, Ballia in Criminal Case no. 1059 of 2020 (State vs.Poonam Singh and another) arising out of Case Crime no. 201 of 2018, u/s 36 of Weight & Measurement Act, 1958 and Section 3/7 of Essential Commodities Act, 1955, PS- A.C.J.M.-I, Ballia." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Poonam Singh preferred Application u/s 528 BNSS no. 12141 of 2025 (Poonam Singh vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were exchanged and written submissions were entertained by this Court and after due consideration judgment and order dated 19.05.2025 (Annexure no. 17) has been passed by this Court whereby entire proceeding arising out of Case Crime no. 201 of 2018 under Section 36 of Weight & Measurement Act, 1958 and section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District Ballia has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 201 of 2018 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 19.05.2025. 5. In view of foregoing discussion, parity of judgment and order dated 19.05.2025 is applicable in favour of applicant and as such entire proceeding arising out of Case Crime no. 201 of 2018 under Section 36 of Weight & Measurement Act, 1958 and section 3/7 of Essential Commodities Act, 1955, PS- Bairiya, District Ballia is hereby quashed and set aside in the light of judgment and order dated 19.05.2025 passed in Application u/s 528 BNSS no. 12141 of 2025 (Poonam Singh vs. State of U.P. and another). 6. The instant application u/s 528 BNSS stands allowed accordingly. Order Date :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad