HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38235 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Ashok Kumar Yadav, learned counsel for the applicant, Sri Manoj Kumar Singh, learned counsel for opposite party No.2, learned A.G.A. for the State of U.P. and perused the record. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 50463 of 2023, (State of U.P. Vs. Kamlesh Yadav and Anr.) arising out of Case Crime No. 77 of 2023, under Sections 406, 420, 504, 506 I.P.C., in charge sheet No. 53 of 2023, dated 27.09.2023, Police Station Aims, District Gorakhpur pending in the Court of C.J.M., Gorakhpur. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant is disputed question of facts which cannot Versus Counsel for Applicant(s) : Ashok Kumar Yadav, Prem Shankar Counsel for Opposite Party(s) : Manoj Kumar Singh, G.A., Mohd. Shamim Kamlesh Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O., prima facie, offence is made out against the applicant. 5. Considering the argument raised by counsel for the applicant and perused the record. Since the trial Court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously. 6. In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law. 7. Till then no coercive action shall be taken against the applicant in the aforesaid case. 8. With these observations, this application is finally disposed of. October 13, 2025 NSC A482 No. 38235 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad