HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37645 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Surendra Kumar Sharma, learned counsel for the applicant and learned A.G.A for the State. 2. The present application u/s 482 Cr.P.C. has been filed by the applicant to stay summoning order dated 24.04.2024 passed by Chief Judicial Magistrate, Ghaziabad as well as entire proceeding of Criminal Case No. 26834 of 2024 (State vs. Lokendra Kumar @ Lokesh Kumar) arising out of Case Crime No. 187 of 2024, under Sections 420, 406, 506 I.P.C., Police Station Kavi Nagar, District Nagar (Commissionerate Ghaziabad), pending in the Court of Chief Judicial Magistrate, Ghaziabad. 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 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. Versus Counsel for Applicant(s) : Surendra Kumar Sharma Counsel for Opposite Party(s) : G.A. Lokendra Kumar @ Lokesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Considering the argument raised by counsel for the applicants 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. October 13, 2025 Manoj A482 No. 37645 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad