HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 18475 of 2024 Court No. - 81 HON'BLE MADAN PAL SINGH, J. 1. On a mention being made on behalf of applicants, the case is being taken up out of turn. 2. Learned counsel for the applicants submits that counsel for the opposite party no. 2 has refused to accept the mention slip, which is taken on record. 3. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 4. This application under section 482 Cr.P.C. has been quashing the charge- sheet dated 13.6.2023 and Summoning Order dated 17.8.2023 passed by Additional Chief Judicial Magistrate-3, Ghaziabad as well as entire criminal proceeding of Case No. 1539 of 2023 (State Vs. Abhishek Solanki and Others), under sections 420, 406, 452, 354, 354C, 354D, 504, 506, 323 and 307 IPC, Police Station- Sihani Gate, District Nagar (Commissionerte Ghaziabad), pending in the Court of Additional Chief Judicial Magistrate-3, Ghaziabad. 5. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against him. It was further submitted that by impugned order, the applicant summoned for offence under Sections 420 & 406 IPC 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, the 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. Versus Counsel for Applicant(s) : Aushim Luthra, Pranav Tiwary Counsel for Opposite Party(s) : G.A., Vinay Kumar Singh Chandel Nepal Singh And 2 Others .....Applicant(s) State Of Upand Another .....Opposite Party(s) 6. Perusal of record shows that by impugned order, the applicants have been summoned 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 the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and thus, the same cannot exist simultaneously in same set of facts and that they are antithetical to each other. Thus, it is clear that impugned order is not in accordance with law. 7. In view of the aforesaid, impugned order dated 17.8.2023 passed by Additional Chief Judicial Magistrate-3, Ghaziabad is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 8. The instant application is disposed of in above terms. September 29, 2026 Akbar A482 No. 18475 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad