JUDGMENT :

1. Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Alok Saran, learned A.G.A. for the State, Sri Gaurav Mehrotra, learned counsel appearing for the opposite party no.2 and perused the entire record.

2. The instant application has been filed by the applicant for quashing the summoning order dated 01.07.2022 passed by Chief Judicial Magistrate, Lucknow in Complaint Case No.58823 of 2022 "State of U.P. through Senior Registrar vs. Aditya Mishra", under Sections 193, 196, 200, 209, 466, 467, 468 I.P.C. read with Section 340/195 Cr.P.C., Police Station Vibhuti Khand, District Lucknow as well as the entire proceeding of Complaint Case No.58823 of 2022 "State of U.P. through Senior Registrar vs. Aditya Mishra", pending in the Court of Chief Judicial Magistrate, Lucknow.

3. In order to appreciate the facts & circumstances which led to filing of Complaint Case No.58823 of 2022, it would be useful to extract herein below the order dated 20.05.2022 passed by a Coordinate Bench of this Court in Writ B No.251 of 2022 “Smt. Shams Kazmi vs. Board of Revenue U.P. Though its Secy. Lucknow and others” :

"1. Heard Sri Shyam Mohan Pradhan, learned counsel who appears for the petitioner in the instant petition which has been filed along with the affidavit of Sri Aditya Mishra who is supposedly the authorized pairokar of the petitioner, Smt. Shams Kazmi and Sri Sunil Kumar Srivastava, learned counsel who appears for Smt. Shams Kazmi who has appeared in person, the learned Additional Chief Standing Counsel and the counsel for the caveator.

2. This matter has been listed before this Court today in light of the order passed on 12.05.2022 and the said order reads as under:-

"Heard Shri Shyam Mohan Pradhan, learned counsel for the petitioner.

At the very outset, before the matter could be heard, Shri S.K. Srivastava, learned counsel had stood out to inform the Court that the instant petition has not been filed by Smt. Shams Kazmi. He further states that neither the petitioner Smt. Shams Kazmi has authorized Shri Aditya Misra to institute the above petition nor any power of attorney has been executed by her in his favour entitling him to file the said petition. He has also moved an application seeking dismissal of the aforesaid petition on the aforesaid grounds.

The said application is accompanied with an affidavit of the petitioner herself. He further submits that the petition has been deliberately got instituted only to get the order passed by the Board of Revenue affirmed whereby harming the rights of the present petitioner. The paragraphs 5 to 8 of the affidavit filed by the petitioner Smt. Shams Kazmi is reproduced hereinafter:-

"5. That both orders dated 09.09.2016 and 03.10.2020 was challenged before Board of Revenue in second appeal by opp.parties of the aforesaid writ petition, there is no doubt that deponent is impleaded in place of her husband after death and second appeal was decided on 25.03.2022 cancelling orders dated 09.09.2016 and 03.10.2020.

6. That deponent was not aware with the proceeding of the cases as her husband died on 06.05.2021, it is evident that deponent is impleaded as successor of deceased husband before Board of revenue.

7. That the deponent became shocked when she acknowledged about the aforesaid writ petition preferred against order of Board of Revenue dated 25.03.2022 on behalf of deponent by some unknown person who became pairokar of deponent showing his name Aditya Mishra. The deponent never gave any power and attorney to Aditya Mishra for contesting the case against the order of Board of Revenue. There is some camouflage of other parties by whom Adiya Mishra became pairokar to defeat deponent and giving helping hands to the opp.parties.

8. That the deponent never signed upon the writ petition and no any power and attorney was given to Aditya Mishra, he is a stranger for deponent and may harm to the deponent through alleged writ petition."

In this view of the matter, let Aditya Mishra as well as Smt