Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37190 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application has been preferred for quashing the entire proceedings of Case No.1204 of 2021 (State of U.P. vs. Shivbahal Pandey) arising out of Case Crime No.94 of 2020, under sections 3/7 of Essential Commodities Act, P.S. Bhadohi, District- Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi at Gyanpur, including charge-sheet no.155 of 2020 dated 21.07.2020 as well as cognizance/summoning order dated 03.04.2021.
3. At the very outset, learned counsel for applicant submitted that the entire set of allegation which has been forwarded against the applicant is on the single set of facts on which there was suspension of fair price shop agreement, which was later on allowed to be conducted and the same order has already been quashed and set-aside by co-ordinate Bench of this Court in Writ-C No.31482 of 2021 vide order dated 27.08.2025, through which the order in shape of cancellation of fair price shop has already been set-aside and at present applicant is conducting the fair price shop.
4. Hence no case on similar set of facts is maintainable and as such the entire proceedings is set-aside
5. The instant application stands allowed accordingly. September 24, 2025 Saif Versus Counsel for Applicant(s) : Sandeep Pandey Counsel for Opposite Party(s) : G.A. (Saurabh Srivastava,J.) Shivbahal Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad