HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37070 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Learned counsel for applicant preferred copy of judgment dated 3.7.2025 passed by co-ordinate Bench of this Court in Writ C no. 36022 of 2024 (Shailendra Mishra vs. State of U.P. and 3 others) which is taken on record. 2. Heard learned counsel for the parties. 3. Present application has been preferred with prayer to set aside the entire proceeding originated upon a charge sheet dated 1.11.2019 along with cognizance and summoning order dated 1.11.2022 passed in Case no. 2208 of 2022 (State vs. Shailendra Mishra and others) in Case Crime no. 530 of 2018 under Section 3/7 of Essential Commodities Act, sections 420, 467, 468, 471, 34 of IPC and sections 65/66 of Information Technology (Amendment Act), 2008, PS- Najibabad, District Bijnor. 4. It is submitted by learned counsel for applicant that FIR has been registered against the applicant by informant concerned Supply Inspector/opposite party no. 2, alleging therein that applicant is committing certain irregularities in conducting the Fair Price Shop. During course of investigation, District Supply Officer, Bijnor passed order dated 19.1.2019 whereby he cancelled the Fair Price Shop licence issued in favour of applicant. Being aggrieved with order dated 19.1.2019, applicant preferred appeal before Commissioner, Moradabad Division, Moradabad who also rejected the said appeal vide order dated 27.5.2019. Applicant challenged both order dated 19.1.2019 and 27.5.2019 in Writ C no. 36022 of 2024 before this Court wherein co-ordinate Bench of this Court vide order dated Versus Counsel for Applicant(s) : Vishal Tandon Counsel for Opposite Party(s) : G.A. Shailendra Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3.7.2025 quashed both the orders and directed for restoration of Fair Price Shop licence in favour of applicant. 5. 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 1.11.2019 and summoning order dated 1.11.2022 is abuse of process of law and is liable to be set aside. 6. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 7. After hearing the rival submissions extended by learned counsels for the parties, this Court finds that once the Fair Price Shop licence of applicant has been restored vide order dated 3.7.2025 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. 530 of 2018 under Section 3/7 of Essential Commodities Act, sections 420, 467, 468, 471, 34 of IPC and sections 65/66 of Information Technology (Amendment Act), 2008, PS- Najibabad, District Bijnor since continuation of same will amount to abuse of process of law and as such in the light of order dated 3.7.2025 passed by co-ordinate Bench of this Court through which Fair Price Shop licence has already been restored in favour of the applicant, entire proceeding of Case no. 2208 of 2022 (State vs. Shailendra Mishra and others) in Case Crime no. 530 of 2018 under Section 3/7 of Essential Commodities Act, sections 420, 467, 468, 471, 34 of IPC and sections 65/66 of Information Technology (Amendment Act), 2008, PS- Najibabad, District Bijnor is hereby set aside only in respect of applicant herein. 8. The application u/s 528 BNSS stands allowed accordingly. September 24, 2025 Shaswat NA528 No. 37070 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad