M/S Shiv Filing Station and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:48989

Court No. - 74

Case :- APPLICATION U/S 482 No. - 37002 of 2024

Applicant :- M/S Shiv Filing Station And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri P.K. Singh, learned counsel for applicants and learned AGA.

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By means of present application, petitioners are seeking quashing of the entire proceedings of Case No.1709 of 2017 (State Vs. M/s Shiva Filing Station), under Section 26 of Weight and Measurement Act, Police Station Koraon, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No.02, Allahabad.

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Learned counsel for applicants submitted that during a raid conducted on M/s Shiva Filing Station which was owned by applicant no.2, on presumption that some manipulation has been done in machine, the concerned authorities sealed the petrol pump and sent the entire machine for technical verification and also a complaint bearing Case No.1709 of 2017 was registered by opposite party no.2 against applicants. Learned counsel for applicants further submitted that vide report dated 07.09.2017 (appended as Annexure-4 to this application), it has been found that Pulser Card (LE90029) is original and no modification is observed in the cards to alter the fuel delivery. It has also been apprised by learned counsel for applicants that on the basis of report dated 07.09.2017, terminated dealership was restored and renewed for smooth conduction of business of Hindustan Petroleum Corporation Ltd. through allocated filling station in favour of applicants vide order dated 12.02.2019.

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Learned counsel for applicants submitted that proceedings are pending before learned Additional Chief Judicial Magistrate, Court No.02, Allahabad since 17.07.2027 and once the entire allegation whatsoever put forward through the complaint, has already been given quietus with the analysis report dated 07.09.2017 and as such, there is hardly any cause of action survives to continue with

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the proceedings wherein applicants have been unnecessarily dragged into an unwarranted litigation.

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Per contra, learned AGA although opposed the prayer sought through the instant application but did not dispute the documents which have been appended with the application in shape of analysis report and order dated 12.02.2019 passed by Hindustan Petroleum Corporation Ltd. restoring dealership of petrol pump of applicant no.2.

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In view of the aforesaid facts and circumstances, once the report has already been made in favour of applicants and petrol pump has also been restored on the basis of analysis report itself, there is hardly any justification to continue with the proceedings of Case No.1709 of 2017 (State Vs. M/s Shiva Filing Station) and as such, entire proceedings of Case No.1709 of 2017 (State Vs. M/s Shiva Filing Station), under Section 26 of Weight and Measurement Act, Police Station Koraon, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No.02, Allahabad, are hereby quashed.

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Accordingly, the present application stands allowed .

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Order Date :- 4.4.2025 Vivek Kr.

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

M/S Shiv Filing Station and 3 Others v. State of U.P. and Another

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