HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34350 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri S.M.Khursheed, learned counsel for the applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceeding of Case no. 39925 of 2024, Case Crime no. 410 of 2024 under Section 3/7 Essential Commodities Act, 1955, PS- Katghar, District Moradabad (State vs. Osaph Ali). Further prayer has been made to quash charge sheet dated 28.03.2025 as well as cognizance order dated 14.07.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad. 3. Learned counsel for applicant raised the argument that simultaneous civil proceedings had already been initiated by way of suspending Fair Price Shop licence which has been extended in favour of the applicant. Having being aggrieved with the suspension of the order of Fair Price Shop, which rises cause of action in favour of the applicant for challenging the same in Appeal and the same has been declined and decided against the applicant vide order dated 11.07.2025 and the same has been challenged at the behest of the applicant by way of preferring Writ C no. 25191 of 2025 (Osaph Ali vs. State of U.P. and 2 others) wherein while entertaining the arguments as well as the factual matrix involved in the matter, co-ordinate Bench of this Court vide order dated 31.7.2025 stayed the effect and operation of the order dated 31.12.2024 passed by Joint Magistrate/Sub Divisional Magistrate, Officer, Sadar, Moradabad as well as appellate order dated 11.07.2025 passed by Versus Counsel for Applicant(s) : S.M. Iqbal Hasan Counsel for Opposite Party(s) : G.A. Osaph Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Commissioner, Moradabad, Division Moradabad and permitted the applicant to run the Fair Price Shop as he was running before 16.05.2025. 4. It is further submitted by learned counsel for applicant that the above mentioned Writ is still pending to be adjudicated finally and the order dated 31.07.2025 is still in operation. Implication of the applicant under the allegation whatsoever has been put forward in pursuance to the narration of the FIR is broadly same on which ground the Fair Price Shop of the applicant has been suspended and the same was stayed by co- ordinate Bench of this Court vide order dated 31.07.2025. 5. Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant but did not disputed the order dated 31.07.2025. 6. After hearing the rival submissions extended by learned counsels for the parties and by bare perusal of the discussion as available in the order dated 31.07.2025, it is crystal clear that the allegation whatsoever has been put forward against the applicant while implicating him in Case Crime no. 410 of 2024 is not at all sustainable. However, it is made clear that the required action whatsoever has to be taken up by the prosecution against the applicant shall be subject to outcome of the Writ C no. 25191 of 2025. Once the applicant has already been permitted to run his Fair Price Shop as it was being run before 16.05.2025, the entire proceedings initiated in pursuance to Case Crime no. 410 of 2024 is malicious prosecution initiated against the applicant by way of dragging him into unwarranted criminal litigation. 7. In view of aforementioned facts and circumstances, entire proceeding arising out of Case Crime no. 410 of 2024 under Section 3/7 Essential Commodities Act, 1955, PS- Katghar, District Moradabad are hereby set aside only in respect of applicant herein. 8. The instant application stands allowed accordingly. September 10, 2025 Shaswat NA528 No. 34350 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad