HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34867 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Ms. Sakshi Srivastava, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the entire proceeding of Case No. 575 of 2019, Charge-sheet No. 012 of 2019 dated 02.02.2019 and Cognizance order dated 15.07.2025, in Case Crime No. 444 of 2018, under Sections 406 and 420 of I.P.C., Police Station-Chhatari, District- Bulandshahr, is pending before the learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khurja, Bulandshahr and to stay the entire proceeding of the aforesaid Case. 3. It has been submitted by learned counsel for the applicants that the first information report of this case has been lodged making false allegations. It is further submitted that by impugned order dated 15.07.2025 applicants have been summoned for offence under Sections 406 and 420 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 on the same set of facts and are antithetical to each other and on this account alone the impugned summoning order has been passed without any proper application of mind and is liable to be set aside. Versus Counsel for Applicant(s) : Chandra Prakash Srivastava, Sakshi Srivastava Counsel for Opposite Party(s) : G.A. Chaudhary Fateh Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Perusal of record shows that by impugned order dated 15.07.2025 applicants have been summoned for offence under Sections 406 and 420 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 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 cognizance order is not sustainable in law. 5. In view thereof, the cognizance order dated 15.07.2025, passed by the learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khurja, Bulandshahr, is hereby quashed and the matter is remitted back to the learned court concerned to meticulously examine the contents of the allegations and pass a fresh order of taking cognizance in light of the proposition of law settled by the Hon'ble Supreme Court in the case of Delhi Race Club (supra), expeditiously within a period of six weeks, if there is no other legal impediment. 6. Hence, the application u/s 528 BNSS is partly allowed. September 9, 2026 Shivani Sri. NA528 No. 34867 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad