Neutral Citation No. - 2025:AHC:112793 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17755 of 2025 Applicant :- Indrajeet @ Lalchandra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra,Santosh Kumar Mishra Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicants, learned counsel for the informant / opposite party No. 2 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 10.04.2025 as well as cognizance / summoning order dated 25.04.2025, of Case Crime No. 91 of 2024, under Sections 419, 420, 467, 468, 471, 406 IPC, P.S.- Lalganj, District- Mirzapur, pending in the court of A.C.J.M.-Ist, Mirzapur. 3. It has been submitted by learned counsel for the applicants that the dispute between the parties is purely civil in nature relating to the Will allegedly executed by mother of informant. The matter between the parties is pending before the civil court. Earlier mutation has taken place in favour of applicants but later on that order was recalled. That order was challenged before the Board of Revenue, wherein matter was remanded back. Against that order the informant has approached this Court by filing a writ petition. It is further submitted that by impugned order applicants have been summoned for offence under Sections 420, 406 I.P.C. besides Sections 419, 467, 468, 471 IPC 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. Learned AGA and learned counsel for the informant / opposite party No. 2 have opposed the application and submitted that there are clear allegations that applicants have prepared a forged Will. It was an unregistered Will, which has no value in law. Alleged Will was notarised but the concerned Notary Advocate has stated that the Will does not bear his signature on the Will and his signatures have been forged and a forged seal was used. Referring to facts of the matter, it was submitted that a case of cheating and forgery is made out against the applicants. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that by impugned order applicants have been summoned under Sections 420, 406 I.P.C., besides Sections 419, 467, 468, 471 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. 7. In view of the aforesaid, the impugned summoning order dated 25.04.2025, passed by A.C.J.M., Mirzapur 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. 8. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 14.7.2025/Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad