HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29173 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant 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 05.09.2024 as well as cognizance / summoning order dated 13.01.2025, of Case No. 521 of 2025, arising out of Case Crime No. 83 of 2024, under Sections 323, 506, 420, 406 IPC, P.S.- Agauta, District- Bulandshahar, pending in the court of A.C.J.(S.D.)-I / A.C.J.M., Court No. 1, Bulandshahar. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against her. Applicant is bona fide purchaser of the property, which was sold by the step brother of opposite party No. 2 / informant. Essentially the dispute is between informant and his step brother. Learned counsel has referred the first information report and statements of witnesses and submitted that the dispute is purely civil in nature and no prima-facie case is made out against the applicant. It was further submitted that by impugned order applicant has been summoned for offence under Sections 323, 506, 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. Versus Counsel for Applicant(s) : Mayank Shekhar Singh, Yadvendra Pratap Singh Counsel for Opposite Party(s) : G.A. Rajesh Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Perusal of record shows that by impugned order applicant has been summoned for the offence under Sections 323, 506, 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 both 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 13.01.2025, passed by learned A.C.J.(S.D.)-I / A.C.J.M., Court No. 1, Bulandshahar 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 under Section 528 BNSS is disposed of in above terms. September 9, 2025 Anand NA528 No. 29173 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad