HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9087 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet No. 01/2023 dated 17.11.2023 as well as cognizance / summoning order dated 18.12.2023, of Sessions Case No. 3710/2023 (State of U.P. Vs. Saba Khan and another), arising out of Case Crime No. 0393/2023, under Sections 406, 504, 506, 420 I.P.C., Police Station Vibuti Khand, District Lucknow, pending in the court of Additional Chief Judicial Magistrate-II, District Lucknow. 3. It has been submitted by learned counsel for the applicant that the first information report has been lodged making false allegations. It is further submitted that by impugned order dated 18.12.2023 applicant has been summoned for offence under Sections 406, 504, 506, 420 I.P.C and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another 2024 SCC Online SC 2248, offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside. 4. Perusal of record shows that by impugned order dated 18.12.2023 applicant has been summoned under Sections 406, 504, 506, 420 I.P.C. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that offence of cheating viz-a-viz criminal breach of trust are independent and distinct and the same cannot exist simultaneously in same set of facts and that they are antithetical to each Versus Counsel for Applicant(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Saba Khan @ Saba Mateen Ahmad Khan .....Applicant(s) State Of U.P. Thru Principal Sec. Home Deptt. And Another .....Opposite Party(s) other. Thus, it is clear that impugned summoning order is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 18.12.2023, passed by the Chief Judicial Magistrate, Lucknow is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is finally disposed of in above terms. October 30, 2025 Arvind A482 No. 9087 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench