HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40604 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit filed today on behalf of the applicants, is taken on record. 2. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 3. The present application u/s 528 B.N.S.S. has been filed with prayer to quash the summoning order dated 08.07.2026 passed by Civil Judge (Junior Division)/Judicial Magistrate, F.T.C., Ghaziabad as well as entire proceedings of Complaint Case No.42088 of 2025 (M/s Classic Enterprises and others vs. Ajit Singh Bansal and others), under Sections 316(2), 318(4), 352, 351(2) B.N.S., 2023, P.S. Shalimar Garden, District Ghaziabad, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, F.T.C., Ghaziabad. 4. Learned counsel for the applicants submits that summoning by learned magistrate is without application of judicial mind and is liable to be set aside. Applicants have been summoned under sections 316(2) and 318(4) B.N.S. Learned counsel for the applicants 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. He next argued that applicants were not given any notice nor heard before taking cognizance as per provision provided under section 223(1) B.N.S.S. He next submitted that the present complaint has been filed arraigning Kamal Jain as accused no.3. The complainant has produced Kamal Jain as witness of the case and learned magistrate has recorded statement under Versus Counsel for Applicant(s) : Sanjiv Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ajit Singh Bansal And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) section 225 B.N.S.S. 5. Learned AGA opposed the submission raised by learned counsel for the applicant. 6. Considering the argument raised by applicants' counsel. Summons have been issued against all the accused persons including witness Kamal Jain. Moreover, learned magistrate has summoned the applicants under sections 316(2) and 318(4) B.N.S. 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. Summoning by learned magistrate is not sustainable and moreover benefit of the provision under section 223(1) B.N.S.S. has not been provided to the applicants. 7. Accordingly, the impugned summoning order dated 08.07.2026 passed by the passed by Civil Judge (Junior Division)/Judicial Magistrate, F.T.C., Ghaziabad in Complaint Case No.42088 of 2025 (M/s Classic Enterprises and others vs. Ajit Singh Bansal and others), under Sections 316(2), 318(4), 352, 351(2) B.N.S., 2023, P.S. Shalimar Garden, District Ghaziabad, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, F.T.C., Ghaziabad is hereby quashed. 8. The matter is remanded back to learned Magistrate with direction that learned Magistrate shall pass an appropriate order within eight weeks 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) after hearing both the parties. 9. With aforesaid direction, the present application under Section 528 B.N.S.S. is accordingly allowed. September 23, 2026 SKD NA528 No. 40604 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad