HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 1894 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 22.05.2023, passed by Chief Judicial Magistrate, Allahabad and charge sheet dated 30.12.2022 as well as entire criminal proceedings of Criminal Case No.18323 of 2023, arising out of Case Crime No.377 of 2022, under Sections 406, 420 IPC, Police Station Phaphamau, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad. 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. 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 A.G.A. 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 F.I.R. and other material evidence collected by the I.O., prima facie, Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A., Pramod Kumar Singh, Rakesh Kumar Singh Mulayam Singh Patel .....Applicant(s) State of U.P. and Another .....Opposite Party(s) offence is made out against the applicant. 5. Considering the argument raised by counsel for the applicant and perused the record. Since the trial court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of 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 three 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. September 11, 2025 I.A.Siddiqui A482 No. 1894 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad