HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21149 of 2025 Court No. - 71 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 under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 09.01.2023 as well as cognizance / summoning order dated 09.05.2023, of Case No. 605 of 2023 (State Vs. Vishnu Bhadauriya and Others), arising out of Case Crime No. 376 of 2022, under Sections - 420, 406, 506 I.P.C., Police Station - Bidhuna, District - Auraiya, pending in the court of Civil Judge (J.D.) Bidhuna / Judicial Magistrate, Auraiya. 3. It is submitted by learned counsel for the applicant that first information report of this case has been lodged making false allegations. It is further submitted that by impugned order applicant has been summoned for offence under Sections - 420, 406, 506 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 09.05.2023, applicant has been summoned for offence under Sections - 420, 406 I.P.C. besides Section - 506 I.P.C.. As stated above, in case of Delhi Race Club Versus Counsel for Applicant(s) : Bhoopendra Pratap Singh, Shiv Chand Yadav Counsel for Opposite Party(s) : G.A. Vishnu Bhadauriya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (supra), it has been held by the Hon'ble Apex Court that offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both 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 aforesaid, the impugned summoning order dated 09.05.2023, passed by the Civil Judge (J.D.) / Judicial Magistrate Bidhuna, Auraiya, qua the applicant, is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is disposed of in above terms. September 4, 2025 S Rawat NA528 No. 21149 of 2025 2 Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad