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2025 DAILYLAW 121508 (ALL)

KRISHNA MOHAN TIWARI AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/1139/2025 · 2025-02-11

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8755 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1139 of 2025 Applicant :- Krishna Mohan Tiwari And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kaushal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned AGA for the State as well as Shri Abhishek Singh, learned Advocate who has filed vakalatnama which is taken on record. This petition has been filed seeking quashing of the impugned order dated 15.10.2024, whereby the petitioners have been summoned to face trial under Section 420 IPC. Learned counsel for the petitioners submits that entire prosecution story is concocted and there is no reference of any land in the agreement. He has been falsely implicated. He contends that his client has been falsely implicated and disputes the allegations made in the complaint. Per contra, learned AGA as well as learned counsel for the complainant have opposed the petition. Learned counsel for the complainant has drawn attention of the Court towards Annexure No. 8 which is an application under Section 156(3) Cr.P.C. moved by applicant no. 1 against the complainant wherein the applicants have admitted taking Rs.20,00,000/- in their account. It is, thus, submitted on behalf of respondent's that prima facie case of cheating is made out. Considering the submissions advanced by the parties, so also Annexure No. 8 of the petition, prima facie commission of cognizable offence under Section 420 IPC appears to be made out. There is no illegality in the order impugned. The petition is devoid of merits and is accordingly dismissed. Order Date :- 11.2.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench