HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9775 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 for quashing the charge sheet dated 20.01.2022 as well as cognizance order dated 29.01.2024 passed in Case No. 8208 of 2024, arising out of F.I.R. No. 515 of 2021, under Sections 406, 420 I.P.C., P.S. Gola, District Lakhimipur Kheri. 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 406, 420 I.P.C. in mechanical manner. It is further submitted that the trial court has also wrongly taken cognizance on the same 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) 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 Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Ashutosh Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 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. 6. 6. In view of above facts and circumstances, this Court is of the view that the impugned cognizance order is liable to be set aside and, therefore, cognizance order dated 29.01.2024 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 5, 2025 VKS A482 No. 9775 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench