HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42141 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of the proceedings of Case No.104 of 2025 (State Vs. Raghunath Singh) arising out of Case Crime No. 36 of 2024 under Section 3/7 of Essential Commodities Act, Police Station Junawai, District Sambhal pending in the Court of Chief Judicial Magistrate, Sambhal at Chandausi, District Sambhal. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. Submission is that the malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicant is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicant therefore submits, no prosecution could lie against the applicant, in such circumstances. He further submits that the applicant has already been enlarged on bail. 4. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicants. 5. This Court in e of its power under section 528 of B.N.S.S., is Versus Counsel for Applicant(s) : Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Raghunath Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected. 6. The application lacks merit and is dismissed. (Dr. Gautam Chowdhary,J.) September 30, 2026 S.Ali NA528 No. 42141 of 2026 2 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad