HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4476 of 2023 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ajay Bahadur Yadav, learned counsel for the applicants, Sri Bipin Kumar Rao, learned counsel for the opposite party no. 2, Sri Birendra Pratap Singh, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants Dharmendra and Kunti Devi with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge sheet No. A171 dated 28.05.2022 Under section 420 and 406 1.P.C. including the order dated 03.08.2022 passed by Chief Judicial Magistrate, Court No. 17, Deoria taking the cognizance of the charge sheet including the entire proceeding of the case No. 9150/2022 State vs. Dharmendra and another arising out of case crime No. 0134/2022 P.S. Gauri Bazar, District Deoria. It is further prayed that this Hon'ble Court may graciously be pleased to stay further proceeding of Case No. 9150/2022 State vs. Dharmendra and another arising out of case crime No. 0134/2022 P.S. Gauri Bazar, District Deoria pending in the Court of Chief Judicial Magistrate, Court No. 17, Deoria during pendency of the application, otherwise applicants will suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may Versus Counsel for Applicant(s) : Ajay Bahadur Yadav Counsel for Opposite Party(s) : Bipin Kumar Rao, G.A. Dharmendra And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) deem fit and proper under the facts and circumstances of the case." 4. A First Information Report of the matter was lodged on 01.5.2022 under Sections 420, 406 I.P.C. by Smt. Meena Devi against the applicants alleging therein that the applicants wanted to go to foreign country and needed money. They requested the informant to give them Rs.3 lakh for their travel which would be returned by them slowly-slowly and they also pledged their land to her and assured her to return the money within one year and if the same is not returned they would execute sale deed for the said land in her favour. She then pledged her jewellery for Rs.1,80,000/= and gave it to them and also took money from cloth store and gave them Rs.1,20,000/= and in lieu of it their 5 kattha land was pledged with her. Money was given in January 2021. The accused did not go anywhere and did not return her money. They even did not execute any sale deed for the land and are forcibly cultivating the said land. She has a belief that they have cheated her and taken Rs.3,00,000/= from her. She informed the police but no action was taken. The application thus was moved before the complaint cell in the office of Superintendent of Police, Deoria on the basis of which the present F.I.R. was lodged. The matter was investigated and a charge sheet dated 28.5.2022 was filed against the applicants for offences under Sections 420/406 I.P.C. 5. The court of Chief Judicial Magistrate, Court No.17, Deoria took cognizance upon the same and summoned the applicants for the offences under Sections 420, 406 I.P.C. 6. Learned counsel for the applicants confines his arguments only to the fact that summoning in the present matter is under Sections 420 and 406 I.P.C. vide order dated 03.8.2022 passed by the Chief Judicial Magistratre, Court No.17, Deoria, which is illegal and not sustainable in view of the judgement of the Apex Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Another: 2024 INSC 626. He submits that both the offences cannot exist simultaneously and in the present matter looking to the dispute in the matter, case if any as per allegations, would be made under Section 420 IPC only which then has to be tried by the court of competent jurisdiction. He submits that the proceedings in so far they relate to offence under Section 406 I.P.C. would not be made out even as per allegation and also as per settled law A482 No. 4476 of 2023 2 in the case of Delhi Race Club (Supra). 7. Learned counsel for the opposite party no.2 does not dispute the said arguments. 8. Learned counsel for the State has also been heard. 9. In view of the facts and circumstances of the matter, looking to the dispute between the parties and the judgement of the Apex Court in the case of Delhi Race Club (Supra), it is provided that the proceedings under Section 406 I.P.C. are hereby quashed. 10. However, the proceedings under Section 420 I.P.C. are not quashed, which shall be put up for trial before the appropriate trial court. 11. The trial court concerned is directed to ensure expeditious disposal of the trial without granting any unnecessary adjournment to either of the parties. 12. The present petition is partly allowed to the said extent only. 13. Interim order, if any, shall stand vacated. September 11, 2026 Naresh A482 No. 4476 of 2023 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad