Lalta Prasad Kushwaha vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Lalta Prasad Kushwaha vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings of Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020 under Sections 3/7 Essential Commodities Act, till the next date of listing; notice ordered to opposite party no. 2 returnable at an early date (steps within a week); counter affidavits within four weeks of service of notice, rejoinder two weeks thereafter; to be listed immediately after exchange of pleadings. The quashing question itself was not decided.

Issue for consideration

Whether the chargesheet dated 16.12.2020, the cognizance/summoning order dated 23.07.2021 and the entire proceedings of Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020 under Sections 3/7 Essential Commodities Act pending before the CJM, Jalaun at Orai, should be quashed.

Court's answer

Interim relief pending adjudication: till the next date of listing, further proceedings of Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020 under Sections 3/7 Essential Commodities Act before the CJM, Jalaun at Orai, shall remain stayed.

Key takeaways

No determination made on the quashing request at this stage: the court stated the matter requires consideration and confined itself to ordering notice to opposite party no. 2, exchange of pleadings (counter affidavits within four weeks of service, rejoinder two weeks thereafter) and immediate relisting after exchange of pleadings.¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.), interim order dated 16.05.2025 in Application U/S 482 No. 26344 of 2024 (Lalta Prasad Kushwaha v. State of U.P. and Another). Applicant seeks quashing of the chargesheet dated 16.12.2020 and the cognizance/summoning order dated 23.07.2021, together with the entire proceedings of Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020 under Sections 3/7 Essential Commodities Act, Police Station Kotwali Jalaun, District Jalaun, pending before the Chief Judicial Magistrate, Jalaun at Orai. Counsel submitted that the applicant was falsely implicated following an ex-parte inquiry conducted without notice, that the FIR followed and his fair price shop licence was suspended, and that the Investigating Officer recovered no essential commodities from him; these are counsel's unassessed assertions. The court made no determination on the merits ('Matter requires consideration'): it ordered notice to opposite party no. 2, counter affidavits within four weeks, rejoinder two weeks thereafter, and immediate relisting after exchange of pleadings, and stayed further proceedings of Case No. 3724 of 2021 till the next date of listing. The quashing question is left open for future adjudication; no precedent was cited or relied upon.

Court No. - 74

Case :- APPLICATION U/S 482 No. - 26344 of 2024

Applicant :- Lalta Prasad Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned AGA for the State.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash chargesheet dated 16.12.2020 alongwith cognizance/summoning order dated 23.07.2021 including the entire proceedings of Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020, under Sections 3/7 Essential Commodities Act, Police Station Kotwali Jalaun, District Jalaun, pending in the Court of the learned Chief Judicial Magistrate, Jalaun at Orai.

Learned counsel for applicant submitted that applicant has falsely been implicated in the present case whereupon ex-parte inqury was conducted without any information to the applicant and on the basis of said inquiry, the present FIR was lodged against him and his license of fair price shop was suspended. Learned counsel for applicant further submitted that during investigation, the concerned Investigating Officer not recovered the alleged essential commodities from possession of applicant since the allegation was that applicant is distributing less items to the card holders and as such, no case is made out against him as alleged.

Matter requires consideration.

Issue notice to opposite party no. 2, returnable at an early date.

Steps be taken within a week.

After service of notice, all the opposite parties may prefer counter affidavit within four weeks. Two weeks thereafter for rejoinder, if any.

List immediately after exchange of pleadings.

Till the next date of listing, further proceedings Case No. 3724 of 2021 (State vs. Lata Prasad Kushwaha), arising out of Case Crime No. 268 of 2020, under Sections 3/7 Essential Commodities Act, Police Station Kotwali Jalaun, District Jalaun, pending in the Court of the learned Chief Judicial Magistrate, Jalaun at Orai, shall remain stayed.

Order Date :- 16.5.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad