Neutral Citation No. - 2025:AHC:91701 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44141 of 2024 Applicant :- Vijay Nath Chaubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the charge sheet dated 18.01.2018 including cognizance order dated 19.08.2019 as well as entire proceedings of Case No. 3138 of 2019, State Versus Vijay Nath Chaubey, Case Crime No. 656 of 2017, Under Sections 419, 420, 406 I.P.C., Police Station Dubauliya, District Basti, pending in the court of Learned Judicial Magistrate-1st, Basti. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. 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. 5. Learned AGA opposed the submission raised by applicant's counsel and submitted that submission raised by applicant's counsel are disputed question of fact and bailable warrant has been issued against the applicant in the year 2023 but applicant is not co-operating in the trial proceedings. 6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 7. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 8. For the period of three weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicant. 9. With the above directions, this 482 application is disposed of. Order Date :- 28.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad