HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29165 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including cognizance / summoning order dated 22.11.2024, of Case No. 1768 of 2024 (State Vs. Prakash Makhija), arising out of Case Crime No.182 of 2023, under Sections 419, 420, 467, 468, 471, 406 IPC, P.S.- Mungra Badshahpur, District- Jaunpur, pending in the court of Additional Chief Judicial Magistrate- IVth, Jaunpur. 3. It has been submitted by learned counsel for the applicant that the first information report of this case has been lodged making false allegations. It is further submitted that by impugned order dated 22.11.2024 applicant has been summoned for offence under Sections 419, 420, 467, 468, 471, 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, 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 22.11.2024 applicant has been summoned for offence under Sections 420, 406 I.P.C., besides Sections 419, 467, 468, 471 IPC. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that 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. Versus Counsel for Applicant(s) : Lavkush Kumar Shukla Counsel for Opposite Party(s) : G.A. Prakash Makhija .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of the aforesaid, the impugned summoning order dated 22.11.2024, passed by the Additional Chief Judicial Magistrate- IVth, Jaunpur 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 finally disposed of in above terms. September 9, 2025 'SP'/- NA528 No. 29165 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad