HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32778 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed challenging the chargesheet dated 15.09.2023 and cognizance/summonging order dated 02.11.2023 as well as entire proceedings of Case Crime No.17 of 2023 (State of U.P. vs. Sartaj Husain @ Sartaj Ali), under Sections 420, 406 IPC, Police Station-Milak Khanam, District-Rampur. 3. The allegation against the applicant is that he had cheated 15-20 poor people in the manner that several lakhs of rupees were received by him in the name of facilitating job in Dubai but only few of them were sent to Dubai but they came back to India without getting any job. Submission is that the applicant has been summoned under Sections 406, 420 IPC and since these offences cannot run simultaneously, the cognizance order is bad. 4. Learned A.G.A. points out that in the F.I.R. itself, it is mentioned that sum of Rs.9,42,708/- was received by the applicant in his bank account between August, 2022 and December, 2022 and total sum of Rs.13,42,708/- has been received by the applicant but only few persons were sent to Dubai but they did not get any job and came back to India. As far as informant is concerned neither sum of Rs.1,20,000/- was returned to him nor job was facilitated to him. Versus Counsel for Applicant(s) : Arjun Kumar Gautam, Narendra Singh Counsel for Opposite Party(s) : G.A. Mohd Afzal .....Applicant(s) State of U.P. and another .....Opposite Party(s) 5. Though there are decisions to the effect that offences punishable under Sections 406 and 420 IPC cannot normally run simultaneously, considering the nature of allegations where by deception, the poor people were made to believe that they could get job in Dubai, they paid heavy amount to the applicant and commission of criminal breach of trust by the applicant and not facilitating job for one or the other reason is an instance where ingredients of either one or both the aforesaid provisions simultaneously stand attracted. Further, whether ultimately the applicant would be held liable for commission of offence of criminal breach of trust, i.e. punishable under Section 406 I.P.C., or that of cheating punishable under Section 420 I.P.C. is a question to be decided during the course of trial by the trial court, which has even power to alter the charge at appropriate stage. 6. Having considered the allegations levelled in the F.I.R. as well as record of investigation, this Court does not find any good ground to interfere with the cognizance order or install the proceedings. 7. The application has no merit and is, accordingly, dismissed. September 9, 2025 Jyotsana NA528 No. 32778 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad