Neutral Citation No. - 2025:AHC:129798 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27735 of 2025 Applicant :- Smt Pinki Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.A.,Puneet Srivastava,Rajesh Sharma Hon'ble Saurabh Srivastava,J. 1. Heard Sri Puneet Srivastava, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to set aside the charge-sheet no. 104/23 dated 26.07.2023 as well as cognizance order dated 05.10.2023 and NBW order dated 26.09.2024 and its consequential order dated 16.06.2025 passed by Additional Chief Judicial Magistrate, Court no. 1, Aligarh in Case no. 7460 of 2023 (State vs. Smt. Pinki Devi) arising out of Case Crime no. 025 of 2023 under section 3/7 Essential Commodities Act, 1955, PS- Barla, District Aligarh. 3. It is submitted by learned counsel for applicant that, FIR has been registered against the applicant by informant Supply Inspector, Aligarh/opposite party no. 2, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. During course of investigation, Sub Divisional Magistrate, Atrauli passed order dated 18.05.2023 whereby he suspended the Fair Price Shop contract letter issued in favour of applicant. Being aggrieved with order dated 18.05.2023, applicant preferred appeal before Commissioner, Aligarh who allowed the appeal vide order dated 16.01.2025 and restored the Fair Price Shop contract in favour of applicant. 4. Learned counsel for applicant contended that once, the controversy has been adjudicated and Fair Price Shop licence/contract 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 26.07.2023 and summoning order dated 05.10.2023 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 /contract 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. 025 of 2023 under section 3/7 Essential Commodities Act, 1955, PS- Barla, District Aligarh 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/contract has already been restored in favour of the applicant, entire proceeding of Case no. 7460 of 2023 (State vs. Smt. Pinki Devi) arising out of Case Crime no. 025 of 2023 under section 3/7 Essential Commodities Act, 1955, PS- Barla, District Aligarh is hereby set aside only in respect of applicant herein. 7. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 1.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad