Neutral Citation No. - 2025:AHC:116198 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24948 of 2025 Applicant :- Sanjiv Kumar Tiwari Alias Sanjiv Tiwari 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. 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 24.08.2023 as well as cognizance / summoning order dated 17.01.2024, of Case No. 512 of 2024 (State of U.P. Vs. Sanjiv Tiwari and Another), arising out of Case Crime No. 387 of 2023, under Sections - 419, 420, 406 I.P.C., Police Station - Kotwali, District - Fatehpur, pending in the court of Chief Judicial Magistrate, Fatehpur. 3. It is submitted by learned counsel for the applicant that first information report has been lodged making false allegations. It is further submitted that by impugned order applicant has been summoned for offence under Sections - 419, 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 17.01.2024 applicant has been summoned under Sections - 420, 406 I.P.C. besides Section - 419 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 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 aforesaid, the impugned summoning order dated 17.01.2024, passed by the Chief Judicial Magistrate, Fatehpur qua the applicant - Sanjiv Kumar Tiwari @ Sanjiv Tiwari, is hereby set aside and the matter is remitted back to the court concerned to pass an 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 :- 17.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad