HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9035 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicants and learned AGA for the State. This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings, including chargesheet No. 180 of 2001, dated 02.12.2001, cognizance/summoning order dated 02.01.2002 and NBW dated 18.07.2025 issued by learned CJM, Lucknow in Case Crime No. 368 of 2001, under Sections 420/406/506 IPC, Police Station Gomti Nagar, District 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 02.01.2002, 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 02.01.2002, the applicant has been summoned under Sections 420, 406 IPC. As stated above, in case of Delhi Race Club (supra), it has been held Versus Counsel for Applicant(s) : Krishna Dev Shukla Counsel for Opposite Party(s) : G.A. Abdul Ajij .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Dist. Lko. And Another .....Opposite Party(s) 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 02.01.2002, 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. The instant application U/s 482 Cr.P.C. is finally disposed of in above terms. October 30, 2025 kkv/ A482 No. 9035 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench