JUDGMENT :

1. Heard Sri Adarsh Shukla, learned counsel for the petitioner and Sri Aniruddha Singh, learned Additional Government Advocate for the State.

2. Sri Aniruddha Singh, learned Additional Government Advocate has filed counter affidavit, today in the Court, the same is taken on record.

3. As per the office report dated 04.12.2023, the Chief Judicial Magistrate, District-Lakhimpur Kheri has apprised the Court that the notice has been served upon the opposite party No.2 in person, however, no one has appeared on behalf of opposite party No.2.

4. By means of this petition filed under Section 482 Cr.P.C., the petitioner has assailed the impugned Charge-sheet No.01 dated 29.01.2023 pending in the Court of Civil Judge (Junior Division)/ F.T.C., Lakhimpur Kheri in Criminal Case No.1450 of 2013 (State vs. Manjeet Singh) arising out of Case Crime No.618 of 2022, under Section 406 I.P.C., Police Station-Bheera, District-Kheri as well as the summoning order dated 31.03.2023 passed by the Judicial Magistrate, Court No.3, Lakhimpur Kheri.

5. The precise contention of learned counsel for the petitioner is that the impugned First Information Report (in short F.I.R.) bearing No.618 of 2022, unde