Neutral Citation No. - 2025:AHC:115682 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23042 of 2025 Applicant :- Prempal Gangwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar 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 for quashing of the entire proceedings, including charge-sheet dated 13.11.2022 as well as cognizance / summoning order dated 06.01.2023, of Case No. 746 of 2023 (State Vs. Prempal Gangwar and another), arising out of Case Crime No.451 of 2022, under Sections 420, 406 IPC, P.S.- Kotwali, District- Pilibhit, pending in the court of Chief Judicial Magistrate, Pilibhit. 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 06.01.2023 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, 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 06.01.2023 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 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 06.01.2023 qua applicant, passed by the Chief Judicial Magistrate, Pilibhit 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 :- 17.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad