DHARMENDRA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 4476 of 2023

Dharmendra And Another
                                                            .....Applicant(s)
                                   Versus

State Of U.P. And 2 Others
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                :   Ajay Bahadur Yadav
Counsel for Opposite Party(s)           :   Bipin Kumar Rao, G.A.

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
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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
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                                    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.


                                                                                               (Samit Gopal,J.)
                                    September 11, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad