Neutral Citation No. - 2025:AHC:103447 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19723 of 2025 Applicant :- Ajab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. 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. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 10.12.2022 and summoning order dated 04.08.2023, of Case No. 20833 of 2023 (State of U.P. Vs. Ajab Singh), arising out of Case Crime No. 0164 of 2022, under Sections - 420, 406 I.P.C., Police Station - Kithor, District - Meerut, pending in the court of Special Chief Judicial Magistrate, Meerut. 3. It is submitted by learned counsel for applicant that applicant is innocent and no prima facie case is made out against him. The allegation that applicant has obtained amount of Rs. 10 lakhs on pretext of providing government job in Government service is wholly false. Referring to facts of the matter, it was submitted that no prima facie case is made out against applicant. 4. It is further submitted that applicant has been summoned for offence under Sections - 420, 406 I.P.C. and in view of the law laid down in the case of Delhi Race Club (1940) Ltd. & Ors. v. State of U.P. & Anr., 2024 0 Supreme(SC) 689, applicant cannot be prosecuted for both the offence under Sections - 420 and 406 I.P.C. simultaneously and on this ground also the impugned summoning order is liable to be quashed. 5. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against applicant. 6. I have considered the rival submissions and perused the record. 7. It is well settled that at the stage of issuing process under Section - 204 Cr.P.C., the Magistrate is mainly concerned with the allegations made in the complaint and evidence led in support of the same. The Magistrate has to be satisfied that there are sufficient grounds for proceedings against the accused. 8. In the instant matter it appears from record that applicant has been summoned for the offence under Sections - 420, 406 I.P.C. vide impugned summoning order dated 04.08.2023 and in view of the law laid down in the case of Delhi Race Club (1940) Ltd. & Ors. (Supra), applicant cannot be prosecuted for both the offence under Sections - 420 and 406 I.P.C. simultaneously. It was held that offence under Sections 420 and 406 I.P.C. are antithetical to each other and they cannot exist together. 9. In view of aforesaid, the impugned summoning order dated 04.08.2023 qua the applicant Ajab Singh is hereby set aside and matter is remanded back to the learned Magistrate to pass an order on the point of summoning of applicant afresh, in accordance with law. 10. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 3.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad