HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8667 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application u/s 528 B.N.S.S has been filed with prayer to quash the Charge Sheet dated 27.08.2021; cognizance order dated 14.09.2021, N.B.W order dated 02.07.2024 as well as entire proceedings of Case No.20344 of 2021 (State vs. Vipin singh Yadav and others), arising out of Case Crime No.0184 of 2018, under Sections 406, 420 IPC, P.S. Hathras Gate, District Hathras, pending in the court of Chief Judicial Magistrate, Hathras. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the FIR 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 AGA vehemently opposed the submission raised by the counsel for the applicants and submitted that the submissions raised by the counsel for the applicants are disputed question of facts which cannot be considered, at this stage. On perusal of FIR and other material evidence collected by the I.O. prima facie, offence is made out against the applicants. 5. Considering the argument raised by applicants' counsel and perused the record. Since the trial court took cognizance and issued summon against the applicant under sections 420 & 406 I.P.C. jointly, in view of the Hon.Apex Court in the case of Delhi Race Club (supra) both proceedings cannot run simultaneously. Versus Counsel for Applicant(s) : Ajay Kumar Pathak Counsel for Opposite Party(s) : G.A. Mukesh Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicants move discharge application within a period of two 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. September 17, 2025 SKD NA528 No. 8667 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad