Neutral Citation No. - 2025:AHC:63395 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44737 of 2024 Applicant :- Kishor Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- Dhirendra Pratap Singh,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceeding of the Criminal case and charge Sheet dated 27.01.2024 as well as summoning order dated 07.06.2024 in Criminal Case No. 27445 of 2024 (State Vs. Kishor Yadav and others) arising out of Case Crime No. 407 of 2023, under Sections 420, 406, 504, 506 of I.P.C., Police Station- Cantt., District-Gorakhpur, pending in the Court of Chief Judicial Magistrate, Gorakhpur. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. I.O. submitted charge sheet under the aforesaid sections against the applicants and learned Magistrate took cognizance on police report and issued summon on 10.04.2024 against the applicants. On perusal of F.I.R., no offence under the alleged Section is made out. Learned court below has passed the cognizance order/summoning order without application of judicial mind. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, the Apex Court has held in para 42 and 43, which are quoted herein below: "42. When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether the offence of cheating or criminal breach of trust as the case may be is made out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police ? to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and mechanically proceed to register an FIR for both the offences i.e. criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind. 43. It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. The two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. The two provisions of the IPC (now BNS, 2023) are not twins that they cannot survive without each other." 4. Informant's counsel has no objection if the matter is remanded back to court concerned for reconsideration of the case. 5. Considering the argument raised by applicants' counsel and in view of judgment passed by Hon'ble The Apex Court in the case of Delhi Race Club (1940) Ltd., cognizance/summoning order dated 07.06.2024 passed by learned Magistrate is without application of judicial mind. 6. Accordingly, the impugned order dated 07.06.2024 in Criminal Case No. 27445 of 2024, arising out of Case Crime No. 407 of 2023, under Sections 420, 406, 504, 506 of I.P.C., Police Station- Cantt., District-Gorakhpur, pending in the Court of Chief Judicial Magistrate, Gorakhpur, is hereby quashed. 7. The matter is remanded back to learned Magistrate with direction that learned Magistrate shall pass an appropriate order within a month from the date of production of certified copy of this order keeping in view the order of Hon'ble The Apex Court passed in the case of Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr. 8. With aforesaid direction, the present application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 25.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad