Allahabad High Court
CHAUDHARY FATEH SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The cognizance order dated 15‑07‑2025 is quashed as it is inconsistent with the Supreme Court’s decision that Sections 406 and 420 IPC cannot be applied simultaneously to the same set of facts.
Summary
The applicants, Chaudhary Fateh Singh and another, filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (Case No. 575 of 2019) initiated under Sections 406 and 420 of the Indian Penal Code. They contended that the FIR contained false allegations and that, according to the Supreme Court’s decision in Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh (2024), the offences of cheating and criminal breach of trust are mutually exclusive and cannot be charged together on the same facts. The High Court examined the cognizance order dated 15‑07‑2025 and held that it was passed without proper application of the Supreme Court’s ratio. Consequently, the court quashed the cognizance order and remitted the matter to the lower court to re‑examine the allegations in light of the Supreme Court’s ruling. The application under Section 528 was partly allowed.
Issues considered
- Whether a cognizance order summoning a person for offences under Sections 406 and 420 IPC is valid when the Supreme Court has held that cheating and criminal breach of trust are distinct and cannot coexist on the same facts.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 406, 420
Subjects
- quash of criminal proceedings
- Section 528
- cognizance order
- Section 406 IPC
- Section 420 IPC
- cheating
- criminal breach of trust
- Supreme Court precedent
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34867 of 2026
Chaudhary Fateh Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Srivastava, Sakshi
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Ms. Sakshi Srivastava, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed with
a prayer to allow this application and quash the entire proceeding of Case
No. 575 of 2019, Charge-sheet No. 012 of 2019 dated 02.02.2019 and
Cognizance order dated 15.07.2025, in Case Crime No. 444 of 2018,
under Sections 406 and 420 of I.P.C., Police Station-Chhatari, District-
Bulandshahr, is pending before the learned Additional Civil Judge
(J.D.)/Judicial Magistrate, Khurja, Bulandshahr and to stay the entire
proceeding of the aforesaid Case.
3. It has been submitted by learned counsel for the applicants that the first
information report of this case has been lodged making false allegations.
It is further submitted that by impugned order dated 15.07.2025 applicants
have been summoned for offence under Sections 406 and 420 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,
offence of cheating viz-a-viz criminal breach of trust are independent and
distinct and both cannot exist simultaneously on the same set of facts and
are antithetical to each other and on this account alone the impugned
summoning order has been passed without any proper application of mind
and is liable to be set aside.
NA528 No. 34867 of 2026
2
4. Perusal of record shows that by impugned order dated 15.07.2025
applicants have been summoned for offence under Sections 406 and 420
I.P.C. As stated above, in case of Delhi Race Club (supra), it has been
held by the Hon'ble Apex Court that 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
other. Thus, it is clear that impugned cognizance order is not sustainable
in law.
5. In view thereof, the cognizance order dated 15.07.2025, passed by the
learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khurja,
Bulandshahr, is hereby quashed and the matter is remitted back to the
learned court concerned to meticulously examine the contents of the
allegations and pass a fresh order of taking cognizance in light of the
proposition of law settled by the Hon'ble Supreme Court in the case of
Delhi Race Club (supra), expeditiously within a period of six weeks, if
there is no other legal impediment.
6. Hence, the application u/s 528 BNSS is partly allowed.
(Nand Prabha Shukla,J.)
September 9, 2026
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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