Neutral Citation No. - 2025:AHC:117800 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16730 of 2025 Applicant :- Saiyad Amjad Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants 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 for quashing of the entire proceedings, including charge-sheet dated 16.04.2024 as well as cognizance / summoning order dated 20.07.2024, of Case No. 69452 of 2024 (State Vs. Saiyad Amjad Ali and others), arising out of Case Crime No.93 of 2024, under Sections 406, 419, 420, 504, 506 IPC, P.S.- Naubasta, District- Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar. 3. It has been submitted by learned counsel for the applicants that the first information report has been lodged making false allegations. It is further submitted that by impugned order dated 20.07.2024 applicants have been summoned for offence under Sections 406, 419, 420, 504, 506 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, 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 20.07.2024 applicants have been summoned under Sections 420, 406 I.P.C., besides Sections 419, 504, 506 IPC. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that offence of cheating viz-a-viz criminal breach of trust are independent and distinct and 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 20.07.2024 qua the applicants, passed by the Special Chief Judicial Magistrate, Kanpur Nagar 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 :- 21.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad