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2025 DAILYLAW 158242 (ALL)

RAJENDRA KUMAR TIWARI @ RAJESH KUMAR TIWARI AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6726/2025 · 2025-08-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48394 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6726 of 2025 Applicant :- Rajendra Kumar Tiwari @ Rajesh Kumar Tiwari And 4 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Ms Arti Shukla, learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application has been filed seeking following main relief(s) :- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 04.10.2024 passed by the Learned Additional Chief Judicial Magistrate, Court No. 17, Sultanpur, in Criminal Case No. 3081 of 2022 (Ramyagya Dubey vs. Kanchan Tiwari & Others), arising out of Case Crime No. 245/2016, Police Station Dhammaur, District Sultanpur, under Section 417 of the Indian Penal Code, contained as Annexure No.2, in the interest of justice." To establish that the matter/dispute relating to the Tractor has been settled between the opposite party No.2-Ramyagya Dubey and the applicant No.2-Kanchan Tiwari, this Court is of the view that the registration certificate of the Tractor in issue i.e. UP 44 Z 8906 is relevant, which has not been placed on record and therefore, the present petition is dismissed with liberty to the applicants to file fresh application with proper pleadings and documents in support thereof. It is to be noted that on the earlier occasion also the application was dismissed for want of proper pleadings and documents in support thereof as appears from the order of this court, copy of which is annexed as Annexure No.1 to the present application. Office is directed to return certified/original copies of the documents annexed with the application to the learned counsel for the applicants as per rules. Order Date :- 19.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench