Neutral Citation No. - 2025:AHC:144611 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10838 of 2025 Applicant :- Fakir Chand Nagvanshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Sri Yashasvi Shukla, Advocate has filed Vakalatnama on behalf of the opposite party no. 2 today in the Court, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 03.03.2024, cognizance/summoning order dated 17.05.2024 as well as the entire proceedings of Case No. 865 of 2024, State Versus Jagwati Yadav and others, arising out of Case Crime No. 27 of 2024, under Sections 420, 406 I.P.C., Police Station- Nagphani, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad. 4. 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. 5. 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 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 applicant. 6. Considering the argument raised by counsel for the applicant 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. 7. 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. 8. Till then no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 22.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad