Neutral Citation No. - 2025:AHC:129775 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23121 of 2025 Applicant :- Yogesh Dakoria And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar 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 with the prayer to quash the entire proceedings, including cognizance/ summoning order dated 04.03.2025, of Case No. 34526 of 2025 (State v. Dakoria and others), arising out of Case Crime No. 73 of 2023, under Sections 420, 406, 120-B, 467, 468, 471 of IPC, P.S.- Farah, District- Mathura, pending in the court of Judicial Magistrate, Court No. 2, Mathura. 3. It has been submitted by learned counsel for the applicants that the first information report has been lodged making false allegations. The dispute between the parties is purely civil in nature relating to business and no prima facie case is made out against the applicants. It is further submitted that by impugned order dated 04.03.2025, applicants have been summoned for offences under Sections 420, 406, 120-B, 467, 468, 471 of IPC, 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 04.03.2025 applicants have been summoned under Sections 420, 406, 120-B, 467, 468, 471 of IPC. 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 04.03.2025, passed by the Judicial Magistrate, Court No. 2, 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 finally disposed of in above terms. Order Date :- 1.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad