Neutral Citation No. - 2025:AHC-LKO:39847 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5603 of 2025 Applicant :- Ajay Kumar Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Abhishek Shukla,Rohit Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Abhishek Shukla, the learned counsel for the applicants as well as Sri Avishesh Kumar Singh, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 29.03.2019 as well as the summoning order dated 04.11.2019 passed by the Court of Ld. Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow in Case No.82223 of 2019 arising out of Case Crime No. 326 of 2018, under Sections 406, 420 I.P.C. relating to Police Station Banthara, District Lucknow. 3. Submission of the learned counsel for the applicants is that as per the law laid down by the Hon'ble Supreme Court in case of Delhi Race Club (1940) Ltd. v. State of U.P.; (2024) 10 SCC 690, the applicant cannot be tried for commission of offences under Section 406 and 420 IPC simultaneously. He has fairly submitted that without conceding to the correctness of the allegations, the allegations prima facie make out a case for trial for offence under Section 406 IPC but the commission of offence under Section 420 is not made out. 4. The learned AGA also does not dispute the aforesaid proposition. 5. The allegations prima facie make out commission of offence under Section 406 IPC. Correctness of the allegations cannot be examined by this court while entertaining an application under Section 482 Cr.P.C. challenging validity of the charge-sheet. 6. Accordingly, the instant application is disposed of by observing that in case the applicants appear and files an application for their release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773. 7. It will be open for the applicants to file a suitable application before the trial Court raising his plea that he cannot be tried for offences under Section 406 and 420 IPC simultaneously. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench