HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20050 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 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 16.06.2021 as well as cognizance / summoning order dated 08.09.2021, of Case No. 67481 of 2021 (State Vs. Vimal Kumar Rastogi), arising out of Case Crime No. 0205 of 2021, under Sections - 420, 406 I.P.C., Police Station - Vijay Nagar, District - Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Ghaziabad. 3. It is submitted by learned counsel for the applicant that first information report of this case has been lodged making false allegations. It is further submitted that by impugned order 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 08.09.2021, applicant has been summoned for offence under Sections - 420, 406 I.P.C.. 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 Versus Counsel for Applicant(s) : Azad Khan Counsel for Opposite Party(s) : G.A. Vimal Kumar Rastogi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 aforesaid, the impugned summoning order dated 08.09.2021, passed by the Additional Chief Judicial Magistrate, Court No.2, Ghaziabad, qua the applicant, is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is disposed of in above terms. September 1, 2025 S Rawat NA528 No. 20050 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad