HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9483 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.07.2023 filed in Case Crime No. 0213 of 2023, under Sections 420, 406 I.P.C., Police Station Banthara, District Lucknow, pending in the Court of Special Chief Judicial Magistrate, Lucknow as well as quash the impugned the summoning order dated 20.12.2023. 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 Versus Counsel for Applicant(s) : Anuja Bajpai Counsel for Opposite Party(s) : G.A. Mohd. Shoaib .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) evidence collected by the I.O., prima facie, offence is made out against the applicant. 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. November 12, 2025 P.S A482 No. 9483 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench