Neutral Citation No. - 2025:AHC:137508 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19157 of 2025 Applicant :- Savla Devi Alias Samla Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav,Rakesh Kumar Pal 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 with the prayer to quash the entire proceedings, including charge-sheet dated 23.04.2024, as well as cognizance / summoning order dated 11.09.2024, of Criminal Case No. 936 of 2024 (State v. Savla @ Samla Devi and another), arising out of Case Crime No. 0010 of 2024, under Sections 419, 420, 406, 504, 506 IPC, P.S.- Pipri, District- Kaushambi, pending in the court of Judicial Magistrate, Kaushambi. 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 11.09.2024, applicants have been summoned for offences under Sections 419, 420, 406, 504, 506 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. Perusal of record shows that by impugned order dated 11.09.2024 applicants have been summoned under Sections 419, 420, 406, 504, 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 11.09.2024, passed by the Judicial Magistrate, Kaushambi 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 :- 12.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad