HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9747 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 02.06.2025 passed by Additional Chief Judicial Magistrate-II, Court No.26, in Case no. 4694 of 2023, (State of U.P. vs. Ajeet Kumar & ors), arising out charge sheet bearing no. 01 dated 25.12.2021 in FIR No.0226 of 2021 u/s 409, 420 IPC, P.S. Vibhuti Khand, District Lucknow whereby the discharge application of the applicant has been rejected and also to set aside the entire proceedings. 3. Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and Charge sheet was submitted by the Investigating Officer. He also submitted that no offence under Sections 409, 420 IPC is made out against the applicant therefore, discharge application was filed which was rejected by the learned court below in a most mechanical manner. He further submitted that application was filed by the applicant (Vivek Kumar Srivastava) but the order on discharge application has been passed by the learned court below is of Ajeet Kumar. Learned counsel has placed reliance upon the judgment of Hon'ble Supreme Court in the case of Delhi Race Club (1940) and others vs. State of U.P. and another passed in Criminal Appeal No.3114 of 2024 was also not considered therefore, kind indulgence of this Court is necessary. 4. Learned AGA vehemently opposed the prayer of applicant but he does not dispute this fact that the application for discharge was filed by (Vivek Kumar Versus Counsel for Applicant(s) : Abhishek Singh, Anuj Kumar Gupta, Shradha Counsel for Opposite Party(s) : G.A. Vivek Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Srivastava)- applicant but the learned court below rejected the application of Ajeet Kumar. 5. Considering the submissions of both the parties and going through the contents of the application, as well as impugned order, as the discharge application was filed by the applicant-(Vivek Kumar Srivastava) but the learned court below rejected the application of Ajeet Kumar, without considering the principles of law laid down in the case of Delhi Race Club (Supra), therefore, this Court is of the view that order passed by the learned court below is liable to be set aside. 6. Accordingly, the present application is allowed. The impugned order dated dated 02.06.2025 passed by Additional Chief Judicial Magistrate-II, Court No.26, in Case no. 4694 of 2023, (State of U.P. vs. Ajeet Kumar & ors), arising out charge sheet bearing no. 01 dated 25.12.2021 in FIR No.0226 of 2021 u/s 409, 420 IPC, P.S. Vibhuti Khand, District Lucknow as well as the entire criminal proceedings is hereby, quashed with a direction to the learned court below to decide the discharge application afresh in accordance with law considering the law laid down in the case of Delhi Race Club (Supra). December 4, 2025 Pks A482 No. 9747 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench