Neutral Citation No. - 2025:AHC:127800 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24920 of 2025 Applicant :- Ghanshaym Pathak And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Srivastava 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 11.02.2024 as well as cognizance / summoning order dated 03.12.2024, of Case No. 20375 of 2024 (State Vs. Ghanshaym Pathak), arising out of Case Crime No.0077 of 2024, under Sections 420, 406 IPC, P.S.- Kotwali, District- Maharajganj, pending in the court of Chief Judicial Magistrate, Maharajganj. 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 dated 03.12.2024 applicants have 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 03.12.2024 applicants have 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 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 03.12.2024, passed by the Chief Judicial Magistrate, Maharajganj 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 :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad