Neutral Citation No. - 2025:AHC:129076 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23208 of 2025 Applicant :- Akash Chaturvedi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants 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 18.03.2025 as well as cognizance / summoning order dated 17.05.2025, of Case Crime No. 858 of 2024, under Sections 420, 406, 506 IPC, P.S.- Kotwali, District- Mathura, pending in the court of A.C.J.M., Court No. 1, Mathura. 3. It has been submitted by learned counsel for the applicants that the applicants are innocent and no prima-facie case is made out against them. It is further submitted that by impugned order applicants have 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 applicants have been summoned under Sections 420, 406, 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 17.05.2025, passed by the A.C.J.M., Court No. 1, Mathura 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 disposed of in above terms. Order Date :- 1.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad