HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 49535 of 2025 Court No. - 81 HON'BLE MADAN PAL SINGH, J. 1. Heard learned counsel for the parties and perused the material available on record. 2. The present application has been for quashing of charge-sheet dated 12.1.2025 and summoning order dated 6.9.2025 as well as entire criminal proceedings arising out of Case Crime No. 213 of 2024, under sections 406, 420, 504, 506 IPC,Police Station- Chitaipur, District- Varanasi, pending in the court of learned A.C.J.M. VIth, Varanasi. 3. It has been submitted by learned counsel for the applicant that applicant is 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. 4. Perusal of record shows that by impugned order, the applicant has 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. 5. In view of the aforesaid, impugned order dated 6.9.2025 passed by the Versus Counsel for Applicant(s) : Surendra Kumar Chaubey Counsel for Opposite Party(s) : G.A., Kaushal Kishor Pramod Kumar Pathak .....Applicant(s) State of U.P. and Another .....Opposite Party(s) ACJM, VIth Varanasi 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. 6. The instant application is disposed of in above terms. September 21, 2026 Akbar NA528 No. 49535 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad