Smt Pratibha Gupta Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:83878

Court No. - 74

Case :- APPLICATION U/S 482 No. - 41570 of 2024 Applicant :- Smt Pratibha Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Durga Prasad Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Durga Pratap Singh, learned counsel for the applicant and learned AGA for the State.

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This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 24.08.2023 as well as summoning/cognizance order dated 16.10.2024 including the entire proceedings of Case No. 21604 of 2024 (State vs. Pratibha Gupta) arising out of Case Crime No.0197 of 2021, under section 3/7 of Essential Commodities Act, Police Station-Garwar, DistrictBallia, pending in the Court of learned Additional Chief Judicial Magistrate-I, Ballia as well as to stay the further proceedings of abovementioned case.

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Being the rice mill owner, the entire proceeding has been initiated against the applicant for controverting the settled procedure for holding essential commodity at her mill, which culminated into lodging of FIR against the applicant on dated 15.10.2021 in pursuance to Section 3/7 of Essential Commodities Act, 1955 as well as Section 120-B IPC, whereupon after conducting detailed investigation carried out by concerned investigating officer, chargesheet has been preferred on dated 24.08.2023 in Case Crime No. 197 of 2021 in pursuance to Section 3/7 of Essential Commodities Act, 1955 only and cognizance of offence has been taken up by learned Court of Additional Chief Judicial Magistrate on dated 16.10.2024.

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While challenging the entire proceedings arising out of Case Crime No. 197 of 2021, mainly three records have been highlighted by learned counsel appearing for the applicant which are as under:-

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(i) Letter issued by District Magistrate, Ballia on dated 26.07.2021 to Regional Food Controller, District Azamgarh through which it has been intimated that all the rice mill situated at Ballia has been duly inspected and the quantum of available custom rice which is left to be purchased by the Food Corporation of India is 100% in tact with each and every rice mill,

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wherein rice mill of the applicant was also physically examined and positive report includes the rice mill of the applicant also.

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(ii) Possession memo executed by Marketing Inspector on dated 07.09.2021 in favour of the applicant in respect of balance custom rice available at the mill of the applicant.

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(iii) Recovery certificate dated 08.09.2021 issued by Regional Food Controller, District Azamgarh to Collector, Ballia for realizing the amount of Rs. 72,37,207/- with interest of 8.78% per annum against the applicant for the same realization for the same balance custom rice, which was given into custody of the applicant a day before i.e. on 07.09.2021.

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The complex technique adopted while settling the issue which has been assisted by Sri Durga Prasad Singh, learned counsel appearing for the applicant is quite convincing.

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The entire proceedings whatsoever has been carried out at the behest of the administrative authority who are responsible to maintain the regulation, conduction and production of essential commodities has already issued no objection certificate in favour of the applicant after realization of entire amount in pursuance to the recovery certificate issued through District Magistrate, Ballia and the same has already been executed in shape of realizing the amount up to the satisfaction of the authorities concerned.

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There is hardly any matter remains in shape of criminal litigation, wherein the applicant has unnecessarily be dragged, once the entire settlement has already been made in respect of balance custom rice available at the rice mill of the applicant, no fruitful purpose shall be served by way of keeping criminal matter pending to be tried by learned concerned court when there is hardly any justification available for the same.

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In view of aforementioned facts and circumstances, in the light of the arguments raised by learned counsel for rival parties, the entire proceeding pending before Court of learned Additional Chief Judicial Magistrate-I, Ballia in pursuance to Case No. 21604 of 2024 (State vs. Pratibha Gupta) arising out of Case Crime No.0197 of 2021, under section 3/7 of Essential Commodities Act, Police Station-Garwar, District-Ballia are hereby set-aside .

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The writ petition stands allowed accordingly.

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Order Date :- 19.5.2025

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#Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Smt Pratibha Gupta v. State of U.P. and Another

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