Gulshan Minor and Another Vs State of U.P.

Neutral Citation No. - 2025:AHC:83935

Court No. - 74

Case :- APPLICATION U/S 482 No. - 28128 of 2024

Applicant :- Gulshan Minor And Another Opposite Party :- State of U.P. Counsel for Applicant :- Trivikram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Trivikram Singh, learned counsel appearing for applicants and learned AGA for State.

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Present application has been preferred with the prayer to quash the charge sheet no. A-163/2023 dated 11.11.2023 under Section 5/9B of Explosive Act, 1984 and order dated 05.03.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 19, Deoria in Case no. 4095 of 2024 (State vs. Gulshan and others) under Section 5/9B Explosive Act, PS- Khampar, District Deoria arising out of Case Crime no. 0205 of 2023 pending before the aforesaid court and further be pleased to stay the further proceedings of aforesaid case during the pendency of present application.

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It is the case of the applicants that he is valid licence holder of crackers which is manufactured with use of some little amount of explosives and that was valid from 10.11.2023 to 12.11.2023, maximum crackers to the tune of 15 kg crackers were valid to be carried by the applicant as per the terms and conditions mentioned in the licence. The incidence narrated in the FIR of 10.11.2023 through which it has been transpired that the huge consignment of crackers have been confiscated from the custody of the applicants who are having illegal possession of crackers.

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Learned counsel for the applicants submitted that licence was issued against the father of applicants and that too was valid only for two days for Deepawali festival and they were holding to carry crackers under the permissible limit of the terms and condition of licence and deliberately the weight of the illegal possession of crackers have not been mentioned by the informant at the time of lodging FIR, neither at the time of conducting the inquiry, concerned Inquiry Officer also never mentioned the weight of the confiscated crackers, whereupon cognizance of offence has been taken up by learned court of Additional Chief Judicial Magistrate, Deoria on dated 05.03.2024.

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Learned counsel for applicants also submitted that once the father of the applicants have been extended licence for crackers that too was under the permissible limit of 15 kg and the same was being carried by applicants which is in

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shape of extending support to the business carried out by their father there is hardly any case made out against the applicants and deliberately the weight has not been mentioned either by informant or by concerned Investigating Officer and as such order dated 05.03.2024 is against all cannons of fairness and reasonableness since relevant documents have not been perused by learned Chief Judicial Magistrate while summoning the applicants in pursuance to Case Crime no. 205 of 2023.

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Per contra, learned AGA sought the attention of this Court over the quantity in shape of boxes which has been confiscated from possession of the applicants which crystal clearly shows that quantity in weight was much higher than the permissible limit as mentioned in the terms and condition of the licence.

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Only after having the numbers of cartons and boxes cannot determined the weight of crackers which were permitted through the licence up to the limit of 15 kg but by way of not mentioning the weight of the confiscated items even at the time of FIR as well as at the time of preferring charge sheet no specific allegation can be fastened or be proceeded against the applicants. Order dated 05.03.2024 also seems to be unjustified since it was the duty incumbent upon the learned court concerned in respect of perusal of the entire documents and thereafter being satisfied over the charge-sheet cognizance of offence could have been taken up but in the instant matter once, it is crystal clear that the weight of the confiscated crackers is not available, no specific allegation can proceed in shape of trial after taking cognizance of offence by learned court of Additional Chief Judicial Magistrate.

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In view of aforementioned facts and circumstances, order dated 05.03.2024 passed by learned court of Additional Chief Judicial Magistrate, Court no. 19, Deoria is hereby set aside. Matter is remitted back to learned court of Additional Chief Judicial Magistrate, Court no. 19, Deoria for taking the entire matter as fresh at the stage of recording satisfaction over the inquiry conducted which culminated into preferring charge sheet on dated 10.11.2023.

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The instant application is hereby allowed accordingly.

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Order Date :- 19.5.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Gulshan Minor and Another v. State of U.P.

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