Neutral Citation No. - 2025:AHC:137155 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 863) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 17062 of 2025 Applicant :- Dharmendra Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,Pavan Kishore Counsel for Opposite Party :- Ashish Kumar Kesarvani,G.A.,Yogesh Kumar Tripathi Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pavan Kishore, learned counsel for the applicant, Sri Ashish Kumar Kesarvani, learned counsel for the opposite party no. 2 and Sri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing fo the entire proceedings of Case No. 651/IX/2024 (State vs. Gomti Devi alias Suman Srivastava and others) under Section 406, 420 IPC, Case Crime No. 36 of 2023, Police Station-Baberu, District Banda, pending in the court of Judicial Magistrate, Baberu Banda. 3. Learned counsel for the applicant submits that no amount alleged in the instant case has been received by the applicant. All the allegations are against his wife and not against the applicant. It is further argued by learned counsel for the applicant relying upon a judgement of the Apex Court in Delhi Race Club (1940) Ltd. & Ors. vs. State of Uttar Pradesh & Anr. 2024 10 SCC 690 that the summoning of the applicant for the offence under Section 406 as well as 420 IPC simultaneously is not permissible in law. Therefore, he seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State submits that there are specific allegations in the FIR as well as in the statement of complainant/informant and specific role has been assigned to the applicant as well in the entire transaction of the case. So far as the reliance placed on the judgement of Delhi Race Club (Supra) is concerned, that can be looked into by the trial court during framing of charges. Thus, no interference is called for in the instant case. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. From the record of the case, it is apparent that there is specific allegations against the applicant as well who was involved in the transactions made in favour of his wife and he has actively participated in the entire process. So far as the summoning of the applicant for the offence under Section 406 and 420 IPC simultaneously is concerned, that can be taken care of by the trial court in the light of the judgement of Delhi Race Club (supra) at the appropriate stage. Therefore, this Court do not find any good reason to entertain the instant application and quash the proceedings. 7. Accordingly, the instant application stands dismissed. Order Date :- 12.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad