Neutral Citation No. - 2025:AHC:109548 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21765 of 2025 Applicant :- Suraj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Sahu 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. 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 25.11.2019 as well as cognizance / summoning order dated 07.03.2020, of Criminal Case No. 8969 of 2020 (State Vs. Satish Chandra @ Bhagwati Prasad and Others), arising out of Case Crime No. 934 of 2017, under Sections - 420, 406, 323, 504, 506 IPC, P.S.- Barra, District- Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar. 3. It has been submitted by learned counsel for the applicants that the first information report has been lodged making false allegations. It is further submitted that by impugned order applicants have been summoned for offence under Sections - 420, 406, 323, 504, 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 07.03.2020, the applicants have been summoned under Sections - 420, 406, 323, 504, 506 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 07.03.2020, passed by the Special C.J.M., Kanpur Nagar 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