HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9547 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Rakesh Kumar Singh, Advocate has filed power on behalf of the respondent no.2, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the respondent no.2 and perused the material available on record. 3. This application has been filed with the following prayer:- "To quash the entire criminal proceeding of (State Vs. Raj Kumar Singh) in Case No. 20068/2023 pending in court of learned Chief Judicial Magistrate, Lucknow initiated against the petitioner in pursuance of impugned charge sheet dated 05.12.2022, submitted in Case Crime No. 0098/2022, U/s 419, 420, 406, 467, 468, 471 I.P.C., Police Station- Gomtinagar (Extension), District-Lucknow." 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case, but the Investigating Officer submitted the charge sheet under Sections 406, 420 I.P.C. in mechanical manner. It is further submitted that the trial court has also wrongly taken cognizance on the same and summoned the applicant vide impugned order. It is vehemently submitted that the trial for the offence of cheating as well as criminal breach of trust cannot run together. Reliance in support of his argument has been Versus Counsel for Applicant(s) : Digvijay Singh Yadav, Shikha Yadav Counsel for Opposite Party(s) : G.A. Raj Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) placed by the learned counsel for the applicant on the decision of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of U.P. & Anr., (Criminal Appeal No. 3114 of 2024). It is, thus, submitted that the indulgence of this Court is necessary. 5. Learned A.G.A. opposes the prayer of the applicant and submits there is no illegality in the order passed by the trial court. However, he does not dispute on the legal pronouncement of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. (supra). 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the charge sheet was filed by the Investigating Officer for the offences under Section 406, 420 I.P.C. Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. (supra) has categorically laid down that the trial for the offences of cheating as well as criminal breach of trust cannot run together. 7. With above observations, the application is allowed. The entire criminal proceedings of (State Vs. Raj Kumar Singh) in Case No. 20068/2023, pending in court of learned Chief Judicial Magistrate, Lucknow initiated against the applicant in pursuance of impugned charge-sheet dated 05.12.2022, submitted in Case Crime No. 0098/2022, U/s 419, 420, 406, 467, 468, 471 I.P.C., Police Station- Gomtinagar (Extension), District- Lucknow, are hereby quashed. 8. Trial court is directed to pass fresh orders in the matter in the light of the law laid down in the case of Delhi Race Club (1940) Ltd. (supra), within a period of one month from the date of production of a certified copy of this order. December 2, 2025 Arpan A482 No. 9547 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench