HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 1633 of 2020 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; Sri Akhilesh Singh and Sri S.S. Shukla, counsel for the learned A.G.A. for the State and perused the record. 2. The present application u/s 482 Cr.P.C. has been filed to quash the impugned order dated 06.02.2019 as well as entire criminal proceedings of Case No.3886 of 2016 (State Vs. Sevaram and others) arising out of Case Crime No.157 of 2016, under Sections 420, 406 I.P.C., P.S. Kotwali Mainuri, District Mainpuri, pending before the court of learned CJM, Mainpuri. 3. Learned counsel for the applicants submits that instant application has been filed against the order dated 06.02.2019 by which discharge application of the applicant has been rejected. While deciding the discharge application, the court found, prima facie, evidence against the applicant under Sections 420 and 406 I.P.C. thereafter, charge had to be framed under aforesaid Sections. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, wherein the Apex Court in paragraphs 42 and 43 has held thus: "42. When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether Versus Counsel for Applicant(s) : Anurag Dubey Counsel for Opposite Party(s) : Akhilesh Singh, G.A., Shyam Surat Shukla Sevaram And Anr .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the offence of cheating or criminal breach of trust as the case may be is made out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police ? to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and mechanically proceed to register an FIR for both the offences i.e. criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind. 43. It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. The two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. The two provisions of the IPC (now BNS, 2023) are not twins that they cannot survive without each other." 4. Considering the argument raised by applicants' counsel and in view of judgment passed by Hon'ble The Apex Court in the case of Delhi Race Club (supra), the impugned order dated 06.02.2019 passed by the court below is, hereby, set aside. 5. The application is disposed of with direction that if the applicants move discharge application within a period of three weeks from today, the same shall be decided in accordance with law, in view the order of Hon'ble The Apex Court passed in the case of Delhi Race Club (supra) within a period of four weeks. 6. Till then, no coercive action shall be taken against the applicants in the aforesaid case. September 4, 2025 Meenu Singh A482 No. 1633 of 2020 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad