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- Para 66. The application under Section 528 BNSS is disposed of in above terms. September 18, 2025 Anand (Raj Beer Singh,J.) ANAND VERMA High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 12.06.2024 as well as cognizance / summoning order dated 07.02.2025, of Case No. 2156 of 2025, arising out of Case Crime No. 0942 of 2022, under Sections 420, 406, 323, 504, 506, 120-B IPC, P.S.- Kotwali Shahar, District- Bijnor, pending in the court of CJM, Bijnor.
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 applicant has been summoned for offence under Sections 420, 406, 323, 504, 506, 120-B 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, 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.
Perusal of record shows that by impugned order applicant has been summoned for the offence under Sections 420, 406, 323, 504, 506, 120-B 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 both cannot exist simultaneously in same set of facts and that they are antithetical to each 2 NA528 No. 28444 of 2025 other. Thus, it is clear that impugned summoning order is not in accordance with law.
In view of the aforesaid, the impugned summoning order dated
07.02.2025, passed by the CJM, Bijnor 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.
The application under Section 528 BNSS is disposed of in above terms. September 18, 2025 Anand (Raj Beer Singh,J.) ANAND VERMA High Court of Judicature at Allahabad
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