Neutral Citation No. - 2025:AHC:144753 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10653 of 2025 Applicant :- Ghurai Lal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K. Singh. Rajput Counsel for Opposite Party :- G.A. 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 528 BNSS application has been filed to quash the Charge-sheet dated 05.09.2021; cognizance/summoning order dated 28.01.2022 as well as entire proceedings of Case No. 5319/2024 (State versus Ghurai Lal and others) under Sections 420, 406, 467, 468 IPC, arising out of Case crime No. 75/2021, Police Station Fatehgarh Kotwali, District Farrukhabad. 3. 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 applicants are disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O. prima facie, offence is made out against the applicants. 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 applicants under Sections 420, 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 applicants move 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 applicants in the aforesaid case. Order Date :- 22.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad