HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9834 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 set aside/quash the summoning order dated 01.09.2022 passed by Chief Judicial Magistrate, Lucknow in crime no. 0611 of 2021, under section of 406 & 420 of I.P.C, Now 316(2) and 318(4) of BNS 2023 and case no. 63550/2022, pending before the Court of Chief Judicial Magistrate Lucknow, District Lucknow, Police Station- Gomati Nagar, between 'State Vs. Rishi Tiwari' as well as entire criminal proceedings of the above mentioned case as contained in Annexure No. 1 of the application, in the interest of justice." 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 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) : Anchal Mishra, Digvijay Tiwari, Ramendra Kumar Misra Counsel for Opposite Party(s) : G.A. Rishi Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....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 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. In view of above facts and circumstances, this Court is of the view that the impugned summoning order is liable to be set aside. Therefore, the summoning order dated 01.09.2022 (supra) 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 10, 2025 Arpan A482 No. 9834 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench