JUDGMENT :

Shamim Ahmed, J.

1. Heard Ms. Neelu Singh Chauhan, learned counsel for the applicant as well as Sri Rao Narendra Singh, learned A.G.A.-I for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceedings of Case No. 15605/2021: State Vs. Sangam Lal, arising out of Case Crime No. 227/2020, under Section 3/7 E.C. Act, Police Station Mileriya, District Raebareli, pending in the court of A.C.J.M.- I, Raebareli as well as to quash the charge sheet no.01 dated 08.06.2021 by which the learned court below has taken the cognizance against the applicant and to quash the summoning order dated 12.08.2021 passed by Additional Chief Judicial Magistrate-I, Raebareli.

3. Learned counsel for the applicant submits that the applicant is a licensee of fair price shop at Village-Taj pur Amrawa, Police Station Mileriya, Tehsil, Sadar, District Raibareli and on 19.06.2020 the opposite party no.3- Supply Inspector, Mahrajganj, District Raebareli made a spot inspection of the shop of the applicant and without counting the bags of wheat and rice, he made a forged report before the opposite party no.5-Sub Divisional Magistrate, Sadar, District Raebareli against the applicant only on the basis of oral statements of the card holders because the applicant could not fulfill the illegal demands of the Supply Inspector.

4. Learned counsel for the applicant further submits that the Regional Supply Inspector, Sadar Raebareli submitted its inquiry report on 19.06.2020 before the District Supply Officer and the District Supply Officer without approval of the District Officer suspended the licence of the applicant’s fair price shop.

5. Learned counsel for the applicant further submits that after suspending the licence of the applicant’s fair price shop, the Supply Inspector lodged the F.I.R. against the applicant on 24.06.2020 at Police Station Mileriya, District Raebareli under Section 3/7 Essential Commodities Act, 1955, which was registered as Case Crime No. 0227/2020.

6. Learned counsel for the applicant further submits that the opposite party no.3 submitted the charge sheet dated 08.06.2021 against the applicant before the learned court below and in pursuance of the charge-sheet the learned Additional Chief Judicial Magistrate has taken cognizance on 12.08.2021 without application of mind and summoned the applicant, while no case is made out against the applicant and the cognizance was taken on the printed proforma by filling the sections of IPC, dates and number and in the said proforma the learned Magistrate without assigning any reason has summoned the applicants for facing trial. Copy of the cognizance order is also annexed as Annexure No.A1 to the affidavit.

7. Learned counsel for the applicants further submits that the entire prosecution story is false. No such incident took place and the applicants have been falsely implicated in the present case.

8. Learned counsel for the applicants further submits that by the order dated 12.08.2021 cognizance taken by the learned Magistrate on printed proforma without assigning any reason is abuse of process of law and the same was without application of mind and was in a routine manner.

9. Learned counsel for the applicants further submits that after submission of charge sheet and cognizance order on printed proforma, the applicants have been summoned mechanically by order dated 12.08.2021 and the court below while summoning the applicants has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the court below without dwelling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. It is further submitted that the court below has not taken into consideration the material placed before the trial court along with char