HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37571 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present application u/s 528 B.N.S.S. has been filed with prayer to quash the summoning order dated 04.04.2023 under section 420, 406 I. P. C. (Annexure No. 8 to this affidavit) passed by the learned Additional Civil Judge (J. D.) Court No. 4, Mirzapur as well as bailable warrant dated 09.10.2025 along with penalty Rs.10,000/- and its consequential orders (Annexure No. 9 to this affidavit) passed by the learned Additional Civil Judge (J. D.) Third, Mirzapur and entire proceedings of the complaint no. 620 of 2020 (Chandresh Prajapati Vs. Ramesh Prajapati) pending before the learned Additional Civil Judge (J. D.) IIIrd, Mirzapur. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. On perusal of complaint, no offence under the alleged Sections is made out. The cognizance/summoning order has been passed without application of judicial mind. 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, wherein the Apex Court in paragraphs 42 and 43 has held thus: Versus Counsel for Applicant(s) : Akhilesh Prasad Tripathi Counsel for Opposite Party(s) : G.A. Ramesh Prajapati .....Applicant(s) State of U.P. and Another .....Opposite Party(s) "42. When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether the offence of cheating or criminal breach of trust as the case may be is made out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police ? to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and mechanically proceed to register an FIR for both the offences i.e. criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind. 43. It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. The two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. The two provisions of the IPC (now BNS, 2023) are not twins that they cannot survive without each other." 4. Considering the argument raised by counsel for the applicant and in view of judgment passed by Hon'ble The Apex Court in the case of Delhi Race Club (supra), cognizance/summoning order dated 04.04.2023, passed by learned Magistrate is without application of judicial mind. 5. Accordingly, the impugned order dated 04.04.2023, passed by learned Additional Civil Judge (J. D.) Court No. 4, Mirzapur, in Complaint No. 620 of 2020 (Chandresh Prajapati Vs. Ramesh Prajapati) under sections 420, 406 I. P. C, pending before the NA528 No. 37571 of 2026 2 learned Additional Civil Judge (J. D.) IIIrd, Mirzapur, is hereby quashed. 6. The matter is remanded back to the concerned court with direction that the concerned court shall pass an appropriate order within a month from the date of production of certified copy of this order keeping in view the order of Hon'ble The Apex Court passed in the case of Delhi Race Club (supra). 7. With aforesaid direction, the present application under Section 528 B.N.S.S. is accordingly allowed. September 9, 2026 Meenu Singh NA528 No. 37571 of 2026 3 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad