HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28102 of 2025 Court No. - 71 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 to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 30.06.2018 as well cognizance / summoning order dated 12.11.2021, of Case No. 44286 of 2021, arising out of Case Crime No. 332 of 2018, under Sections - 323, 504, 506, 419, 420, 120-B, 406, 392 I.P.C., Police Station - Shivpur, District - Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Varanasi. 3. It has been submitted by learned counsel for applicant that the first information report has been lodged making false and baseless allegations. The impugned summoning order dated 12.11.2021 has been passed on a printed proforma by merely filling in details of case, which is against the settled position of law. It is further submitted that by impugned order applicant has been summoned for offence under Sections - 323, 504, 506, 419, 420, 120-B, 406, 392 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) : Bala Nath Mishra, Ram Vishal Mishra, Sachin Mishra Counsel for Opposite Party(s) : G.A. Arun Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Perusal of record shows that by impugned order dated 12.11.2021 applicant has been summoned for offence under Sections - 323, 504, 506, 419, 420, 120-B, 406, 392 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. 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 sustainable. 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 12 .11.2021, passed by the Additional Chief Judicial Magistrate, Court No. 6, Varanasi, 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. September 10, 2025 Anand NA528 No. 28102 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad