Neutral Citation No. - 2025:AHC:142113 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21375 of 2025 Applicant :- Sanchi Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Tomar,Rahul Gaur Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 01.10.2021 as well as cognizance / summoning order dated 08.12.2021, of Case No. 11422 of 2021 (State of UP v. Prashant Yadav and others), arising out of Case Crime No. 38 of 2021, under Sections 420, 406 IPC, P.S.- Pilkhua, District- Hapur, pending in the court of Chief Judicial Magistrate, Hapur. 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 dated 08.12.2021 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 08.12.2021 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 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 dated 08.12.2021 is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 08.12.2021, passed by the Chief Judicial Magistrate, Hapur 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 :- 19.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad