HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9118 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed for quashing of the Charge Sheet dated 04.08.2024, under Sections 406, 420 I.P.C. arising out of F.I.R. No. 716 of 2023 dated 14.12.2023, Police Station Gomti Nagar, Lucknow and summoning order dated 05.07.2025 and further proceedings of Criminal Case No. 65158 of 2025 (State Vs. Sunil Kumar Mishra and Maya Mishra), pending before the Court of Chief Judicial Magistrate, Lucknow. 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 05.07.2025, the applicant has been summoned for offence under Sections 420, 406 IPC 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. Perusal of record shows that by impugned order dated 05.07.2025 the applicant has been summoned under Sections 420, 406 IPC. 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 other. Thus, it is clear that impugned summoning order is not in accordance with law. In view of the aforesaid, the impugned summoning order dated 05.07.2025, passed by learned 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. Versus Counsel for Applicant(s) : Anshuman Singh Counsel for Opposite Party(s) : G.A. Sunil Kumar Mishra And Another .....Applicant(s) State Of U.P. Thru Principal Sec. Home And 2 Others .....Opposite Party(s) The instant application U/s 482 Cr.P.C. is finally disposed of in above terms. October 30, 2025 Arvind A482 No. 9118 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench