Allahabad High Court
MALLAN KHANversusSTATE OF U.P.
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the summoning order and the proceedings, directing the applicant to move a discharge application before the trial court.
Summary
Mallan Khan filed an application under Section 528 seeking to quash the summoning order dated 11‑09‑2014 and the entire proceeding of Complaint No.1341 of 2014, which was instituted under Sections 51 and 59(1) of the Food Safety and Standards Act, 2006. The applicant claimed he was falsely implicated and that no offence was made out, while the State argued that a prima facie case existed and that the matters raised were factual disputes not suitable for adjudication at this stage. The High Court refused to quash the summoning order or the proceedings, holding that the matter must be decided by the trial court. However, the Court directed the applicant to file a discharge application within three weeks, after which the trial court should decide it expeditiously, and no coercive action would be taken pending that application. The 528 application was therefore disposed of.
Issues considered
- Whether the summoning order and the proceeding under the Food Safety and Standards Act can be quashed at the stage of a Section 528 application.
- Whether a prima facie case exists under Sections 51 and 59(1) of the Food Safety and Standards Act, 2006 against the applicant.
Legislation cited
- Code of Criminal Procedure — s. 528
- Food Safety and Standards Act, 2006 — s. 51, 59(1)
Subjects
- quash petition
- Food Safety and Standards Act
- Section 528 application
- discharge application
- prima facie case
- criminal proceeding
- bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7154 of 2026
Mallan Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari, Vijay Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 74
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.
May 7, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
Checking your session…