HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31042 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants 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 charge-sheet dated 24.03.2024 as well as cognizance / summoning order dated 24.03.2025, of Case No. 2787 of 2025 (State Vs. Misaryar and others), arising out of Case Crime No.816 of 2023, under Sections 420, 406, 504, 506 IPC, P.S.- Izzat Nagar, District- Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly. 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 24.03.2025 applicants have been summoned for offence under Sections 420, 406, 504, 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, 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 24.03.2025 applicants have been summoned for offence under Sections 420, 406 I.P.C., besides Sections 504, 506 IPC. As stated above, in case of Delhi Versus Counsel for Applicant(s) : Mohd. Ashraf Abbasi Counsel for Opposite Party(s) : G.A. Imran Ali And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. In view of the aforesaid, the impugned summoning order dated 24.03.2025, passed by the Chief Judicial Magistrate, Bareilly qua the applicants 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 19, 2025 'SP'/- NA528 No. 31042 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad