Neutral Citation No. - 2025:AHC:109491 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21205 of 2025 Applicant :- Rajnish Kumar Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Mishra 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. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including cognizance / summoning order dated 03.04.2023, of Case Crime No. 692 of 2021, under Sections - 420, 406 IPC, P.S.- Akbarpur, District- Kanpur Dehat, pending in the court of Chief Judicial Magistrate, Kanpur Dehat. 3. It has been submitted by learned counsel for the applicant that the first information report 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 03.04.2023 applicant has been summoned 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 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 03.04.2023, passed by the Chief Judicial Magistrate, Kanpur Dehat 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 :- 10.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad