Jaipal Yadav v. State of U.P. and another), passed an order dated

2. Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri Ajit Singh, learned counsel for the opposite party no. 2, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

3. No counter affidavit(s) on behalf of the respective opposite party have been filed till date. The Court thus proceeds to hear the matter.

4. The Apex Court in a Writ Petition (Criminal) No. 504 of 2024 (Jaipal Yadav vs. State of U.P. and another), passed an order dated 16.12.2024 directing that if any application is moved by the applicant therein to club or consolidate of the petitions together and they be decided expeditiously, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The said petition was disposed of accordingly. The petitioner therein was directed to approach Hon'ble The Chief Justice in accordance with the rules of the High Court. The order passed therein reads as under:- "Heard learned counsel for the petitioner. Seven quashing petitions under Section 482 of the Code of Criminal Procedure are said to be pending before the Allahabad High Court. The petitioner, by way of the present writ petition, seeks a direction that all those petitions to be clubbed or consolidate together and decided most 2 A482 No. 10137 of 2019 expeditiously. The petitioner for the above purpose may approach Hon'ble the Chief Justice of the concerned High Court in accordance with the rules of the High Court. Once, such an application is moved, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The present petition is disposed of,accordingly. Pending application(s), if any, shall stand disposed of."

5. An application dated 07.1.2025 was filed in connected Application U/S 482 Cr.P.C. No.23967 of 2018, Jai Pal Yadav And 2 Ors vs. State of U.P. and another, in compliance of the order of Hon'ble Supreme Court giving details of 10 other matters including the present paid, with the prayer to club them together. The matters were clubbed together and placed before Hon'ble The Chief Justice along with the report dated 15.1.2025. Vide order dated 15.1.2025 Hon'ble The Chief Justice nominated this Bench to hear the said matters.

6. This application has been filed by the applicant Gyan Prakash Agarwal with the following prayers:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set-aside the impugned order dated 07.2.2019 passed by learned Chief Judicial Magistrate, Ghaziabad, wherein the discharge application moved by the applicant in Case Crime No. 810 of 2008, registered U/s. 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad in pursuance of the F.I.R. dated 01.06.2008, has been rejected, otherwise the applicant would suffer irreparable loss and injury. It is further prayed that during pendency of the present application further proceeding of Criminal Case No. 9359 of 2009, before the learned court of Chief Judicial Magistrate, Ghaziabad, arising out of F.I.R. dated

01.6.2008, bearing case crime no. 810 of 2008, registered U/s. 420, 406, 3 A482 No. 10137 of 2019 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad, may kindly be remain stayed. And/or to pass such order, which this Hon'ble Court may deem fit and proper under the facts and the circumstances of the present case."

7. The F.I.R. of the matter was lodged by the opposite party no. 2 against the applicant and 2 other accused persons alleging therein that records of the society have not been handed over after change in its constitution. The matter was investigated and a charge sheet was submitted which was challenged before this Court in Application U/S 482 No. 14721 of 2012, Gyan Prakash Agarwal vs. State Of U.P. And Another, in which an order dated 01.5.2012 was passed directing the applicant to file an application for discharge. In compliance thereof an application for discharge was moved which has been rejected vide the order dated 07.2.2019 by the Chief Judicial Magistrate, Ghaziabad.

8. Learned counsel for the applicant submits that after change of constitution of the society the entire documents and charge have been handed over by Sandeep Kumar to Anurag Sharma and a charge certificate dated 31.7.2010 was prepared and duly signed by him in which the applicant is a witness to it, copy of the said charge certificate has been placed before the Court which is annexure no. 5 (page-49 of the paper book) to the affidavit. Learned counsel for the opposite party no. 2 does not dispute the said certificate. It is submitted that as such no offence under Sections 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act is made out. It is submitted further that case of civil nature has been given the colour of criminal case. It is further submitted that offence under Sectio 420 and 406 I.P.C. cannot go on together as the same are distinct as has been held by the Apex Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Another: 2024 INSC 626 and Urmila Devi and others vs. Balram and another: 2025 INSC 915 and has submitted that since the present case is of civil flavour, the same deserves to be quashed.

9. Learned counsel for the opposite party no. 2 and learned State counsel although opposed the prayer for quashing but in so far as the charge 4 A482 No. 10137 of 2019 certificate which is annexure no. 5 to the affidavit is concerned, is not disputed by them. Even a charge certificate dated 30.4.2005 of the charge and the documents given by the applicant and received by Kiran Pal the then Secretary, which is at page-45 of the paper book, is also not disputed by learned counsel for the opposite party no. 2 and further the legal position is that the case although was initiated in the criminal forum but having flavour of civil consequence deserves to be quashed.

10. Looking to the facts and circumstances of the case and also that the offence under Section 420 and 406 I.P.C. cannot go on together and further the certificate of charge dated 30.4.2005 giving the charge and documents by the applicant and further the charge certificate dated

31.7.2010 handing over charge and documents by Sandeep Kumar is not disputed, also the fact that the dispute is purely civil in nature, the judgement of the Apex Court in the case of Delhi Race Club (Supra) and Urmila Devi and others (Supra) also held that a criminal case having civil flavour, the present petition deserves to be allowed and the impugned order as prayed for by the applicant be quashed.

11. Thus the present petition is allowed.

12. The impugned order dated 07.2.2019 passed by learned Chief Judicial Magistrate, Ghaziabad, in Case Crime No. 810 of 2008, U/s. 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad is hereby quashed. October 15, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri Ajit Singh, learned counsel for the opposite party no. 2, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

3. No counter affidavit(s) on behalf of the respective opposite party have been filed till date. The Court thus proceeds to hear the matter.

4. The Apex Court in a Writ Petition (Criminal) No. 504 of 2024 (Jaipal Yadav vs. State of U.P. and another), passed an order dated 16.12.2024 directing that if any application is moved by the applicant therein to club or consolidate of the petitions together and they be decided expeditiously, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The said petition was disposed of accordingly. The petitioner therein was directed to approach Hon'ble The Chief Justice in accordance with the rules of the High Court. The order passed therein reads as under:- "Heard learned counsel for the petitioner. Seven quashing petitions under Section 482 of the Code of Criminal Procedure are said to be pending before the Allahabad High Court. The petitioner, by way of the present writ petition, seeks a direction that all those petitions to be clubbed or consolidate together and decided most 2 A482 No. 10137 of 2019 expeditiously. The petitioner for the above purpose may approach Hon'ble the Chief Justice of the concerned High Court in accordance with the rules of the High Court. Once, such an application is moved, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The present petition is disposed of,accordingly. Pending application(s), if any, shall stand disposed of."

5. An application dated 07.1.2025 was filed in connected Application U/S 482 Cr.P.C. No.23967 of 2018, Jai Pal Yadav And 2 Ors vs. State of U.P. and another, in compliance of the order of Hon'ble Supreme Court giving details of 10 other matters including the present paid, with the prayer to club them together. The matters were clubbed together and placed before Hon'ble The Chief Justice along with the report dated 15.1.2025. Vide order dated 15.1.2025 Hon'ble The Chief Justice nominated this Bench to hear the said matters.

6. This application has been filed by the applicant Gyan Prakash Agarwal with the following prayers:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set-aside the impugned order dated 07.2.2019 passed by learned Chief Judicial Magistrate, Ghaziabad, wherein the discharge application moved by the applicant in Case Crime No. 810 of 2008, registered U/s. 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad in pursuance of the F.I.R. dated 01.06.2008, has been rejected, otherwise the applicant would suffer irreparable loss and injury. It is further prayed that during pendency of the present application further proceeding of Criminal Case No. 9359 of 2009, before the learned court of Chief Judicial Magistrate, Ghaziabad, arising out of F.I.R. dated

01.6.2008, bearing case crime no. 810 of 2008, registered U/s. 420, 406, 3 A482 No. 10137 of 2019 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad, may kindly be remain stayed. And/or to pass such order, which this Hon'ble Court may deem fit and proper under the facts and the circumstances of the present case."

7. The F.I.R. of the matter was lodged by the opposite party no. 2 against the applicant and 2 other accused persons alleging therein that records of the society have not been handed over after change in its constitution. The matter was investigated and a charge sheet was submitted which was challenged before this Court in Application U/S 482 No. 14721 of 2012, Gyan Prakash Agarwal vs. State Of U.P. And Another, in which an order dated 01.5.2012 was passed directing the applicant to file an application for discharge. In compliance thereof an application for discharge was moved which has been rejected vide the order dated 07.2.2019 by the Chief Judicial Magistrate, Ghaziabad.

8. Learned counsel for the applicant submits that after change of constitution of the society the entire documents and charge have been handed over by Sandeep Kumar to Anurag Sharma and a charge certificate dated 31.7.2010 was prepared and duly signed by him in which the applicant is a witness to it, copy of the said charge certificate has been placed before the Court which is annexure no. 5 (page-49 of the paper book) to the affidavit. Learned counsel for the opposite party no. 2 does not dispute the said certificate. It is submitted that as such no offence under Sections 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act is made out. It is submitted further that case of civil nature has been given the colour of criminal case. It is further submitted that offence under Sectio 420 and 406 I.P.C. cannot go on together as the same are distinct as has been held by the Apex Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Another: 2024 INSC 626 and Urmila Devi and others vs. Balram and another: 2025 INSC 915 and has submitted that since the present case is of civil flavour, the same deserves to be quashed.

9. Learned counsel for the opposite party no. 2 and learned State counsel although opposed the prayer for quashing but in so far as the charge 4 A482 No. 10137 of 2019 certificate which is annexure no. 5 to the affidavit is concerned, is not disputed by them. Even a charge certificate dated 30.4.2005 of the charge and the documents given by the applicant and received by Kiran Pal the then Secretary, which is at page-45 of the paper book, is also not disputed by learned counsel for the opposite party no. 2 and further the legal position is that the case although was initiated in the criminal forum but having flavour of civil consequence deserves to be quashed.

10. Looking to the facts and circumstances of the case and also that the offence under Section 420 and 406 I.P.C. cannot go on together and further the certificate of charge dated 30.4.2005 giving the charge and documents by the applicant and further the charge certificate dated

31.7.2010 handing over charge and documents by Sandeep Kumar is not disputed, also the fact that the dispute is purely civil in nature, the judgement of the Apex Court in the case of Delhi Race Club (Supra) and Urmila Devi and others (Supra) also held that a criminal case having civil flavour, the present petition deserves to be allowed and the impugned order as prayed for by the applicant be quashed.

11. Thus the present petition is allowed.

12. The impugned order dated 07.2.2019 passed by learned Chief Judicial Magistrate, Ghaziabad, in Case Crime No. 810 of 2008, U/s. 420, 406, 120B I.P.C. and 135 U.P. Cooperative Society Act, Police Station Indira Puram, District Ghaziabad is hereby quashed. October 15, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad