Neutral Citation No. - 2025:AHC:115656 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22993 of 2025 Applicant :- Mohammad Kasim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Chaurasiya 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 preferred against summoning order dated 07.04.2025, passed by Civil Judge (J.D.) / Judicial Magistrate, Najibabad, Bijnor in Case No. 7500 of 2025 (State Vs. Mohammad Kasim and others), arising out of Case Crime No.416 of 2024, under Sections 420, 406, 506 IPC, P.S.- Najibabad, District- Bijnor, pending in the court of Civil Judge (J.D.) / Judicial Magistrate, Najibabad, Bijnor. 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 07.04.2025 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, 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 07.04.2025 applicants have been summoned under Sections 420, 406 I.P.C., besides Section 506 IPC. 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 07.04.2025 qua the applicants, passed by Civil Judge (J.D.) / Judicial Magistrate, Najibabad, Bijnor 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