HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31104 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant and learned A.G.A. for 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 No.400 of 2023 dated 11.08.2023 as well as cognizance/ summoning order dated 05.10.2023, of Case No.7426 of 2023 (State Vs. Raj Kumar and other), arising out of Case Crime No.274 of 2023, under sections 420, 406 I.P.C., Police Station Akrabad, District Aligarh, pending in the court of Additional Civil Judge (Senior Division) Ist, Aligarh. 3. It has been submitted by learned counsel for applicant that dispute between the parties relates to property which is civil in nature. Learned counsel has referred to first information report and statements of witnesses and submitted that no prima facie case is made out. It is further submitted that by impugned order dated 05.10.2023 applicant has been summoned for offence under Sections 420, 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. It was submitted that in the impugned proceedings charges have not been framed so far. 4. Perusal of record shows that by impugned order dated 05.10.2023 applicant has been summoned for offence under Sections 420, 406 I.P.C. 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 Versus Counsel for Applicant(s) : Rakesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Sandeep Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 05.10.2023, passed by the A.C.J.M. Ist, Aligarh 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 CS/- NA528 No. 31104 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad