HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36056 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 27.3.2025 along with cognizance and summoning order dated 9.7.2025 passed in Case Crime no. 0074 of 2024 under Section 3/7 of Essential Commodities Act, PS- Naugarh, District Chandauli. 3. It is submitted by learned counsel for applicant that on the basis of inspection conducted at Fair Price Shop of applicant on dated 18.7.2024, FIR has been registered against the applicant by informant/opposite party no. 5/Supply Inspector, Chandauli, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. Sub-Divisional Magistrate, Naugarh, District Chandauli passed order dated 24.7.2024 whereby he suspended the Fair Price Shop licence issued in favour of applicant. Being aggrieved with order dated 24.7.2024, applicant preferred Writ C no. 14045 of 2025 before this Court wherein co-ordinate Bench of this Court quashed the orders dated 24.7.2024 vide order dated 22.5.2025 (Annexure no. 6) with the observation as reproduced hereinbelow: "8. From the perusal of record, it is clear that the controversy involved in the present case, is identical to the case of Gajendra Singh (supra) 9. Considering the facts and circumstances of the case and also in the interest of justice, it is admitted that before suspending the license, no Versus Counsel for Applicant(s) : Shubham Kumar Dwiwedee, Vivek Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ramsagar Singh .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) enquiry was held nor even after passing of the suspension order. 10.Consequently, the impugned order has been rendered un-sustainable in law. It is hereby quashed, leaving it open to the respondents to proceed afresh in accordance with law. 11. The writ petition stands allowed to the extent indicated above." 4. Learned counsel for applicant contended that once, the controversy has been adjudicated 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 27.3.2025 and summoning order dated 9.7.2025 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 cancellation order has been quashed vide order dated 22.5.2025 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. 0074 of 2024 under Section 3/7 of Essential Commodities Act, PS- Naugarh, District Chandauli since continuation of same will amount to abuse of process of law and as such in the light of order dated 22.5.2025 passed by co-ordinate Bench of this Court through which Fair Price Shop licence cancellation order has been quashed, entire proceeding of Case Crime no. 0074 of 2024 under Section 3/7 of Essential Commodities Act, PS- Naugarh, District Chandauli is hereby set aside only in respect of applicant herein. 7. The application u/s 528 BNSS stands allowed accordingly. September 25, 2025 Shaswat NA528 No. 36056 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad