HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9267 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned AGA. 2. The present petition has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge-Sheet dated 05/11/2024, filed before Learned C.J.M.,- Court No. 16, Sultanpur in Criminal Case No. 2070/2025, "State Vs. Prabhunath." F.I.R No. 0338/2024, U/Ss. 406,420,504,506 P.S Kotwali Nagar, District- Sultanpur, and the next date is 08/01/2026, and as contained in Annexure-1 and 2-collectivelyto this Petition. To stay the further proceeding in before Learned C.J.M.,- Court No. 16, Sultanpur in Criminal Case No. 2070/2025, "State Vs. Prabhunath." F.I.R No. 0338/2024, U/Ss. 406,420,504,506 P.S Kotwali Nagar, District- Sultanpur, and the next date is 08/01/2026, against the Petitioner, during the pendency of this Petition before this Hon'ble Court in the interest of justice. In alternate, this Hon'ble court may be please to issue direction passed by Hon'ble Apex court in "Delhi Race Club (1940) Ltd v. State of Uttar Pradesh, (2024) 10 SCC 690" to direct the Learned Court below to consider the bail application of the Petitioner/Applicant." Versus Counsel for Applicant(s) : Pramod Kumar Counsel for Opposite Party(s) : G.A. Prabhu Nath .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 3. Learned counsel for the applicant submitted that the applicant was falsely implicated in the present case as the FIR of case in question was lodged after about three years from the date of incident. He further submitted that the chargesheet has already been filed by the Investigating Officer for the offence under Section 406, 420, 504, 506 IPC. He also relied on the judgment of Hon'ble Supreme Court passed in the case of Delhi Race Club (1940) Limited and others reported in (2024) 10 SCC 690 and submitted that trial for criminal breach of trust and cheating cannot run together, therefore, kind indulgence of this Court is necessary. 4. Learned AGA vehemently opposed the prayer of the applicant and submitted that all these arguments of the applicant can be raised before the court below but he could not dispute the aforesaid legal pronouncement passed in the case of Delhi Race Club (1940) Limited (Supra). 5. Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as the relevant document(s) including the judgment of Hon'ble Supreme Court passed in the case of Delhi Race Club (1940) Limited (Supra), which categorically held that trial for criminal breach of trust and cheating cannot run together, including the fact this judgement was not placed before the court below, the cognizance order dated 18.04.2025 is hereby set aside with a direction to learned court below to pass fresh order in accordance with law after considering the judgment of Delhi Race Club (1940) Limited (Supra). 6. With the aforesaid, the petition is allowed. November 13, 2025 Raj A482 No. 9267 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench