HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33975 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to set aside the entire proceeding originated upon a charge sheet dated 07.01.2024 along with cognizance and summoning order dated 26.03.2025 passed in Case no. 160 of 2025 (State vs. Indal Singh) in Case Crime no. 0022 of 2023 under Section 3/7 of Essential Commodities Act, PS- Gaunda, District Aligarh. 3. It is submitted by learned counsel for applicant that FIR has been registered against the applicant by informant concerned Rationing Officer/opposite party no. 2, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. During course of investigation, Sub Divisional Officer, Tehsil Kol, District Aligarh passed order dated 29.05.2023 whereby he cancelled the Fair Price Shop agreement issued in favour of applicant. Being aggrieved with order dated 29.05.2023, applicant preferred appeal before Commissioner, Aligarh Division, Aligarh who allowed the appeal vide order dated 20.10.2023 and restored the Fair Price Shop agreement 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 07.01.2024 and summoning order dated 26.03.2025 is abuse Versus Counsel for Applicant(s) : Vishal Tandon Counsel for Opposite Party(s) : G.A. Indal Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 agreement 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. 0022 of 2023 under Section 3/7 of Essential Commodities Act, PS- Gaunda, 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 agreement has already been restored in favour of the applicant, entire proceeding of Case no. 160 of 2025 (State vs. Indal Singh) in Case Crime no. 0022 of 2023 under Section 3/7 of Essential Commodities Act, PS- Gaunda, District Aligarh is hereby set aside only in respect of applicant herein. 7. The application u/s 528 BNSS stands allowed accordingly. September 8, 2025 Shaswat NA528 No. 33975 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad