HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9833 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 quash the summoning order dated 20.07.2022 (Annexure No.1) passed by the Additional Chief Judicial Magistrate, Court No.25, Lucknow in Case No. 66462/2022 arising out of Case Crime No. 884/2020, "State Vs. Abhinav Singh @ Ravi Singh and another", under sections 406, 419, 420, I.P.C., police station Chinhat, District-Lucknow and Chargesheet No. 01/2021 dated 20.03.2021 (Annexure No.2) submitted by the Investigating Officer before the learned court of Additional Chief Judicial Magistrate, Court No.25 Lucknow, as well as all the consequential proceedings, pending in the court of Additional Chief Judicial Magistrate V, Lucknow, 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 Versus Counsel for Applicant(s) : Adarsh Srivastava, Gaurav Tripathi, Uma Shanker Srivastava Counsel for Opposite Party(s) : G.A. Adnan Ahmad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s) 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) 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 20.07.2022 (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. 9833 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench