Neutral Citation No. - 2025:AHC:23580 Court No. - 76 Case :- APPLICATION U/S 482 No. - 25460 of 2024 Applicant :- Ritin Garg Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 28.08.2023 as well as entire proceeding of Case No. 3050 of 2024, titled State v. Wasim and others, arising out of Case Crime No.658 of 2022, under Section 420 IPC and Section 3/7 Essential Commodities Act, 1955, P.S. Jahangirabad, District Bulandshahr. 3. Learned counsel for the applicant submits that, as per FIR, 10 packets of rice have been recovered from the vehicle of co-accused Wasim. There is no recovery from the applicant's possession, and the police have falsely implicated him. He has further relied upon the affidavit filed by co-accused Wasim, who was arrested on the spot by the police, wherein he has stated that he neither knows the applicant nor has ever met with him. Furthermore, there is no evidence on record to prove that the recovered rice belongs to the government, and the case diary does not mention the date, time, or place of recovery. 4. Per-contra, learned A.G.A. has opposed the application and submits that based on the statement of the Supply Inspector, the recovery has been effected on the spot, and 10 packets of rice, meant for public distribution system, have been recovered. In his statement, the vehicle driver has stated that the rice was carrying on the applicant's instruction. 5. After hearing learned counsel for the applicant and having gone through the material on record, it's prima facie observed that the recovery of 10 packets of rice, which was meant for public distribution system, has been effected on spot and the driver of the vehicle co-accused Wasim has disclosed the name of the applicant in his statement. The ingredients of Section under Section 3/7 E.C. Act are satisfied; therefore, no case for quashing of impugned proceedings is made out. 6. So far as the the submissions raised by learned counsel for the applicant are concerned, it 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 proceedings 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 the exercise of powers u/s 482 Cr.P.C. 7. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 18.2.2025/A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad