Mallan Khan vs State Of U.P.

HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present 528 B.N.S.S. application has been filed to quash the summoning order dated 11.09.2014 as well as entire proceeding of Complaint Case No.1341 of 2014 (State of U.P. vs. Mallan Khan), under sections 51 & 59(1) of Food Safety and Standars Act, 2006, Police Station Kunwar Gaon, District Badaun, pending in the court of Additional Chief Judicial Magistrate Second, Badaun.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. From perusal of complaint, no offence under alleged section is made out. Applicant has been enlarged on bail and on perusal of order-sheet, it is apparent that the applicant is regularly appearing on date fixed.

4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel are disputed question of facts, which cannot be entertained at this stage.

5. The prayer for quashing the entire proceedings, summoning order of the aforesaid case against the applicant is, hereby, refused.

6. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. Till the disposal of discharge application, no coercive action will be taken against the applicant.

7. With the above directions, this 528 B.N.S.S. application is disposed of.

(Deepak Verma,J.)

May 7, 2026

SKD