PREM NARAYAN TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

(2.) By means of the instant application under Sec. 482 Cr.P.C., the applicants have assailed the order dtd. 7/5/2022 passed by Sub-Divisional Magistrate, Dalmau, Raebareli (hereinafter referred to as "Magistrate") in exercise of power under Sec. 138 of Cr.P.C. in Case No. 745 of 2022, Computerized Case No. T202210580500745, under Sec. 133 of Cr.P.C. as also the order dtd. 5/9/2023 passed by Additional District and Sessions Judge, IV, Raebareli (hereinafter referred to as "revisional court") in Criminal Revision No. 129 of 2022 (Prem Narayan Tiwari another vs. Dharmendra Kumar Shukla and another).

(3.) Brief facts of the case are to the effect that an application under Sec. 133 Cr.P.C. was preferred by one Dharmendra Kumar Shukla, which was registered as Case No. 745 of 2022, in which, the Magistrate concerned issued notice to the opposite parties and in response to the same, applicants herein namely Prem Narayan Tiwari and Manoj Kumar Tiwari put in appearance and filed their response on 28/4/2022. The response filed by the applicants are as under:- <IMG>JUDGEMENT_39_LAWS(ALL)3_2024_1.JPG</IMG>