HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8689 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. Heard learned Counsel for the Applicant and the Learned Additional Government Advocate. The present application under Section 482, Cr.P.C. has been filed with the following prayer: “A. Quash the entire proceedings of Case No. 35496/2019 under Section 406 & 420 IPC, pending against the Applicant before the Chief Judicial Magistrate, Lucknow. B. Quash the impugned Cognizance/Summoning Order dated 17.07.2019 passed by the Chief Judicial Magistrate, Lucknow in Case No. 35496/2019. C. Any other and further relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may also be kindly granted in favour of the Petitioner.” Learned counsel for the applicant submits that, on the basis of concocted facts, F.I.R. of the case in Versus Counsel for Applicant(s) : Pranav Agarwal, Anumita Chandra Counsel for Opposite Party(s) : G.A. S. Krishna .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) question has been lodged and the chargesheet has also been submitted by the Investigating Officer without considering the evidence provided by the applicant. He also submitted that the chargesheet has been submitted by the Investigating Officer for the offenses under Sections 406 and 420 I.P.C. He further submitted that trial of cheating as well as criminal breach of trust cannot run together. He further submitted that in case the entire evidence collected by the investigating officer is considered, then no offense is made out. He also relied on a decision of the Hon'ble Supreme Court in the case of Arshad Niyaz Khan v. State of Jharkhand and Another, reported in 2025 S.C.C. online S.C. 2058, and submitted that trial cannot proceed for the offenses under Sections 406 and 420 I.P.C. together. Therefore, kind indulgence of this court is necessary. Learned Additional Government Advocate vehemently opposed the prayer of the applicant and submitted that these arguments can be raised before the Learned Court below at the time of framing of charge in the form of discharge application, therefore, no interference is required at this stage, however, he does not dispute the judgment relied upon by the Learned counsel for the applicant and the principles laid down in the aforesaid judgment that the trial of criminal breach of trust as well as cheating cannot run together. Considering submissions of the Learned counsel for the parties and going through contents of the application, as well as other relevant material available on record, as the chargesheet has been submitted by the investigating officer for the offenses under Sections 406 and 420 I.P.C., and as A482 No. 8689 of 2025 2 this issue has already been decided by the Hon'ble Supreme Court in the aforesaid case, Arshad Niyaz Khan (Supra), that the trial of criminal breach of trust and cheating cannot run together, therefore, this court is of the view that Learned Court below failed to consider the material placed by the investigating officer in the form of case diary. Therefore, the summoning order dated 17/7/2019 passed by the Chief Judicial Magistrate, Lucknow in Case No. 35496/2019, is hereby set aside, with a direction to the Learned Court below to pass a fresh order considering the principles laid down by the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. v. State of U. P., reported in (2024) 10 S.C.C. 690, and Arshad Niyaz Khan (Supra). The application is accordingly allowed. October 28, 2025 A.Nigam A482 No. 8689 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench