Neutral Citation No. - 2025:AHC:111682 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23101 of 2025 Applicant :- Anil Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 05.06.2021 as well cognizance / summoning order dated 19.08.2021, of Case No. 534 of 2021 (Now numbered as Case No. 7490 of 2023) [State of U.P. Vs. Anil Patel], arising out of Case Crime No. 68 of 2021, under Sections - 420, 406 I.P.C., Police Station - Dhata, District - Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Fatehpur. 3. It has been submitted by learned counsel for applicant that the first information report has been lodged making false allegations. The impugned summoning order dated 19.08.2021 has been passed on a printed proforma by merely filling in details, which is against the settled position of law. It is further submitted that by impugned order applicant has 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, 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 19.08.2021 applicant has 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 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. Further, impugned summoning order has been passed on a printed proforma by merely filling in the description of case like case number, police station, sections and name of accused etc. Such practice is against the well settled position of law. On this count also the impugned summoning order is not maintainable. 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 19.08.2021, passed by the Judicial Magistrate, Khaga, Fatehpur, 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 :- 11.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad