Neutral Citation No. - 2025:AHC:13005 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32266 of 2024 Applicant :- Ganesh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary affidavit and certified copy of the impugned order, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Devesh Kumar, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State. 3. The instant application has been filed seeking quashing of the summoning order dated 17.5.2024 passed in complaint case No. 36663 of 2024 (State vs. Ganesh Jaiswal), under Sections 26(2)(i), 26(2)(v), 31(2), 59(i), 58 of Food Safety and Standards Act, 2006, P.S. Chaubeypur, District Varanasi and stay the further proceeding of the aforesaid case. 4. Contention of learned counsel for the application is that the from the perusal of the summoning order dated 17.5.2024, it is clear that while passing the same, the court below has not recorded satisfaction regarding making out prima facie case against the applicant. Therefore, the impugned order has been passed in complete non-application of mind. In support of his contention, learned counsel for the applicant has relied upon the judgement of the Apex Court in Sarif Ahmed and another vs. State of U.P. and another; 2024 SCC OnLine SC 726 in which the Apex Court has observed that though a detailed reasoning for summoning is not required to be mentioned in the order, but at least satisfaction of the Magistrate should be mentioned in the summoning order which is missing herein. 5. Learned A.G.A. though opposed the prayer but he could not dispute the aforesaid legal position. 6. Considering the aforesaid submission and on perusal of the impugned summoning order dated 17.5.2024, it is clear that while passing this order, the court below has not recorded any satisfaction whether any case was made out against the applicant which is in the teeth of the direction of the Apex Court in the cases of Lalankumar Singh and others vs. State of Maharashtra; 2022 SCC Online 1383, Sarif Ahmed (supra) as well as judgement of this Court in the case of Anant Kumar Yadav vs. State of U.P. in Application u/s 482 No. 41426 of 2024. 7. In view of the above, the present application is disposed of finally only on the basis of above mentioned technical ground and the impugned order dated 17.5.2024 is hereby quashed. 8. Court below is directed to pass fresh order within a period of one month from the date of receiving a copy of this order. Order Date :- 24.1.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad