Neutral Citation No. - 2025:AHC:107020 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14970 of 2025 Applicant :- Raj Kumar Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Prakash Gupta,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 15.06.2019 as well as cognizance / summoning order dated 17.10.2020, of Case No. 935 of 2020 (State Vs. Ritesh Kumar Singh and others), arising out of Case Crime No.939 of 2017, under Sections 420, 406, 506 IPC, P.S.- Ubhaon, District- Ballia, pending in the court of Judicial Magistrate- Ist, Ballia. 3. It has been submitted by learned counsel for the applicant that the first information report has been lodged making false allegation. It is further submitted that by impugned order dated 17.10.2020 applicant has been summoned for offence under Sections 420, 406 I.P.C. and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another 2024 SCC Online SC 2248, the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside. 4. Perusal of record shows that by impugned order dated 17.10.2020 applicant has been summoned under Sections 420, 406 I.P.C., besides Section 506 IPC. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and thus, the same cannot exist simultaneously in same set of facts and that they are antithetical to each other. Thus, it is clear that impugned summoning order is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 17.10.2020, passed by the Judicial Magistrate- Ist, Ballia is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 8.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad