Neutral Citation No. - 2025:AHC:103502 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21147 of 2025 Applicant :- Ajay Nagar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 29.03.2024 and cognizance / summoning order dated 19.10.2024, of Case No. 3679 of 2024 (State Vs. Ajay Nagar and Others), arising out of Case Crime No. 132 of 2024, under Sections - 420, 406, 504, 506 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 applicants that dispute between the parties is purely civil in nature and no prima facie case is made out against applicants. The first information report has been lodged after five years of the alleged agreement of sale. Referring to facts of the matter, it was submitted that dispute between the parties is civil in nature. 4. It is further submitted that applicants have been summoned for offence under Sections - 420, 406, 504, 506 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, applicants 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 applicants. 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 applicants have been summoned for the offence under Sections - 420, 406, 504, 506 I.P.C. vide impugned cognizance / summoning order dated 19.10.2024 and in view of the law laid down in the case of Delhi Race Club (1940) Ltd. & Ors. (Supra), applicants 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 19.10.2024 qua the applicants Ajay Nagar, Rohit Nagar and Satish Yadav is hereby set aside and matter is remanded back to the learned Magistrate to pass an order on the point of summoning of applicants 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