HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8741 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings of Case No. 82287 of 2022 (State Vs. Rajeev Saxena & Ors.) arising out of Case Crime No.0093 of 2021, under Sections 420, 406 IPC, P.S.- Malihabad, District- Lucknow.. 3. It has been submitted by learned counsel for the applicant that the first information report has been lodged making false allegation. It is further submitted that by impugned order dated 6.9.2022 applicant has been summoned for offence under Sections 420, 406 I.P.C. and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another 2024 SCC Online SC 2248, offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside. 4. Perusal of record shows that by impugned order dated 6.9.2022 applicant has been summoned under Sections 420, 406 I.P.C. As stated above, in case of Delhi Race Club (supra), it has been held by Versus Counsel for Applicant(s) : Sudhanshu S. Tripathi, Ritwika Tripathi Counsel for Opposite Party(s) : G.A. Prarthana Asthana .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) the Hon'ble Apex Court that offence of cheating viz-a-viz criminal breach of trust are independent and distinct and thus, the same cannot exist simultaneously in same set of facts and that they are antithetical to each other. Thus, it is clear that impugned summoning order is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 6.9.2022, passed by the Special Chief Judicial Magistrate, Custom, Lucknow is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is finally disposed of in above terms. October 16, 2025 GauraV/- A482 No. 8741 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench