Neutral Citation No. - 2025:AHC:107037 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6350 of 2025 Petitioner :- Brijesh Gaurd Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the impugned order dated 06.11.2024 passed by Additional Session Judge, Court No. 1, Mathura in Criminal Revision No. 114/2024 and order dated 11.12.2023 passed by Civil Judge (Junior Division) Fast Code/Judicial Magistrate, Mathura in Complaint Case No. 37445/2022 (Brijesh Gaund Vs. Prantia Tak and others). It has been submitted by learned counsel for the petitioner that that the petitioner lodged a complaint against the respondents Parinita Tak and Vishal Kumar Tak wherein the respondents were summoned to face trial under Section 406 IPC though, there was sufficient material on record to proceed against them under section 467, 468, 471 IPC. As the respondents had given a false cheque which they had robbed from their cousin brother. It is further submitted that there is also an element of criminal conspiracy against the respondent-accused. Considering the submission made by the learned counsel for the petitioner, the court concerned is hereby directed to reconsider the material on record and the statements of the complainant and witnesses u/s 200 and 202 Cr.P.C. and pass fresh orders in accordance with law. Accordingly, the present petition is allowed and the order dated 11.12.2023 passed by Civil Judge (Junior Division) Fast Code/ Judicial Magistrate, Mathura and the order dated 06.11.2024 passed by Additional Session Judge, Court No. 1, Mathura are hereby set aside. Order Date :- 8.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad