Rajendra Kumar Tiwari @ Rajesh Kumar Tiwari and 4 Others Vs State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rajendra Kumar Tiwari @ Rajesh Kumar Tiwari and 4 Others Vs State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to file fresh application with proper pleadings and documents in support thereof; office directed to return certified/original copies of documents annexed with the application to the learned counsel for the applicants as per rules.

Issue for consideration

Whether 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 (arising out of Case Crime No. 245/2016, P.S. Dhammaur, District Sultanpur, under Section 417 IPC) should be quashed.

Court's answer

To establish that the matter/dispute relating to the tractor has been settled between opposite party no. 2 (Ramyagya Dubey) and applicant no. 2 (Kanchan Tiwari), the registration certificate of the tractor in issue (UP 44 Z 8906) was held relevant; since it was not placed on record, the application was dismissed with liberty to the applicants to file a fresh application with proper pleadings and documents in support thereof.

Key takeaways

The Court noted that on the earlier occasion also the application had been dismissed for want of proper pleadings and documents in support thereof, as appears from the order annexed as Annexure No.1.obiter¶9

Detailed headnote1 paragraphs

Applications u/s 482 -- quashing of summoning order -- dismissed. The applicants sought quashing of the summoning order dated 04.10.2024 passed by the 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 IPC. Claiming that the dispute relating to the tractor had been settled between opposite party no. 2 and applicant no. 2, the Court held the registration certificate of the tractor in issue (UP 44 Z 8906) relevant to establish the settlement; it had not been placed on record. The application was therefore dismissed with liberty to file a fresh application with proper pleadings and supporting documents. The Court also noted that an earlier application had likewise been dismissed for want of proper pleadings and documents, and directed the Office to return certified/original copies of the annexed documents to counsel.

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