Neutral Citation No. - 2025:AHC:144400 Court No. - 72 Case :- APPLICATION U/S 482 No. - 1857 of 2025 Applicant :- Suresh Kumar Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Tripathi,Manjari Shukla Counsel for Opposite Party :- G.A.,Javed Husain Khan,Pervez Husain Khan Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; Sri Lakshya Jauhari, Advocate, holding brief of Sri Pervez Husain Khan, learned counsel appearing for the opposite party, learned A.G.A. for the State and perused the record. 2. The present application u/s 428 Cr.P.C. has been filed with prayer to quash the Charge Sheet dated 19.10.2024; cognizance order dated 18.11.2024 passed by Additional Civil Judge (Junior Division-III), Banda as well as entire proceedings of Criminal Case No.1796 of 2024 (State vs. Suresh Kumar Dwivedi), arising out of Case Crime No.187 of 2024, under Sections 420, 467, 468, 471, 406, 506 IPC, P.S. Girwan, District Banda, pending in the court of Additional Civil Judge (Junior Division- III), Banda. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the FIR is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248. 4. Per contra, learned AGA vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. On perusal of FIR and other material evidence collected by the I.O. prima facie, offence is made out against the applicant. 5. Considering the argument raised by applicant's counsel and perused the record. Since the trial court took cognizance and issued summon against the applicant under sections 420 & 406 I.P.C. jointly, in view of the Hon.Apex Court in the case of Delhi Race Club (supra) both proceedings cannot run simultaneously. 6. In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of two weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law. 7. Till then, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 22.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad