HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26380 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, 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 31.12.2024 as well as cognizance / summoning order dated 19.03.2025, of Case No. 636 of 2025, arising out of Case Crime No. 453 of 2024, under Sections 420, 406, 506 IPC, P.S.- Nawabad, District- Jhansi, pending in the court of C.J.M., Jhansi. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and that no prima-facie case is made out against him. It is further submitted that by impugned order applicant has been summoned for offence under Sections 420, 406, 506 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. It is also submitted that co-accused Pawan and Surendra Rajpoot had also filed an application under Section 528 BNSS No.23052 of 2025 before this Court and a co-ordinate Bench of this Court vide order dated 17.07.2025 passed the following order:- "4. Perusal of record shows that by impugned order applicants have been Versus Counsel for Applicant(s) : Harish Chandra Mishra Counsel for Opposite Party(s) : Ashwani Kumar Mishra, G.A. Om Praksh Rajutiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) summoned under Sections 420, 406, 506 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 the aforesaid, the impugned summoning order dated 19.03.2025, passed by C.J.M., Jhansi 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." 5. Learned counsel for the respondent No.2 and learned A.G.A. submitted that matter has arisen out of same criminal case, in which aforesaid order has been passed by a co-ordinate Bench, therefore, this petition may also be set-aside in terms of the order passed by this Hon'ble Court in aforesaid application under Section 528 BNSS No.23052 of 2025, as stated above. 6. In view of the above, and for reasons shown as aforesaid, the impugned summoning order dated 19.03.2025, passed by C.J.M., Jhansi 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. 7. The application u/s 528 BNSS is disposed of in above terms." September 22, 2025 Ashish/- NA528 No. 26380 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad