HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1736 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed with the following prayer:- "To pass an order for quashing the impugned cognizance/summoning order dated 22.10.2024 passed by the learned Special Chief Judicial Magistrate (Customs), Lucknow, arising out of FIR No. 294/2024 registered at P.S.- Sarojni Nagar, Lucknow, contained as Annexure No. 1 to this application, and to quash the entire proceedings arising out of the said FIR, insofar as they relate to the applicant, pending before the learned Special Chief Judicial Magistrate (Customs), Lucknow. in State versus Nasir Ali & Ors., on the grounds set forth in the accompanying petition." 3. 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 409, 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 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) Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A. Nasir Ali Siddiqui .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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. 4. 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). 5. 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 of criminal breach of trust and cheating. 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. 6. In view of above facts and circumstances, this Court is of the view that the impugned summoning order is liable to be set aside and, therefore, summoning order dated 22.10.2024 is hereby quashed. 7. The application stands allowed. 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 3, 2025 Arpan NA528 No. 1736 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench