Allahabad High Court
AKASH NAGARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The court held that, per the Delhi Race Club precedent, cheating (Sec. 420 IPC) and criminal breach of trust (Sec. 406 IPC) are mutually exclusive offences and cannot be alleged together, making the summoning order invalid and subject to set‑aside.
Summary
Akash Nagar filed an application under Section 528 of the CrPC seeking to quash a charge‑sheet dated 13‑01‑2024 and a summoning order dated 21‑06‑2024 in a criminal case where he was charged under Sections 420 and 406 of the IPC. The applicant contended 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 distinct and cannot coexist, rendering the summoning order illegal. The High Court examined the record and accepted the argument that the two offences are antithetical. Consequently, the court set aside the impugned summoning order and remitted the matter to the Small Causes Court to consider fresh summoning in accordance with law. The application was disposed of.
Issues considered
- Whether a charge‑sheet and summoning order that allege both offences under Sections 420 and 406 IPC can stand when the offences are mutually exclusive under the Delhi Race Club precedent.
- Whether the order of the Additional Judge Small Causes Court is violative of law and liable to be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 420
Subjects
- quash charge‑sheet
- summoning order
- Section 528 CrPC
- Sections 420 IPC
- Section 406 IPC
- cheating
- criminal breach of trust
- Delhi Race Club case
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35091 of 2025
Akash Nagar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akash Dwivedi
Counsel for Opposite Party(s) : G.A., Jai Singh Yadav
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Case called out in the revised call. None has appeared on behalf of the
opposite party no. 2 to press the present application.
2. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
3. This application has been filed by the applicant for quashing charge-
sheet dated 13.01.2024 and cognizance/summoning order dated 21.06.2024
as well as entire proceeding of Case 17845 of 2024 (State Vs. Akash Nagar
& Ors.) arising out of Case Crime No. 232 of 2023, under Sections- 420v
and 406 of IPC, Police Station, Civil Lines, District- Moradabad, pending in
the Court of Additional Judge Small Causes Court, Moradabad.
4. 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, the applicant summoned for offence
under Sections 420 & 406 IPC 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.
5. Perusal of record shows that by impugned order, the applicant has been
summoned under Sections 420 & 406 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 thus, the same cannot exist simultaneously in same set of facts
NA528 No. 35091 of 2025
2
and that they are antithetical to each other. Thus, it is clear that impugned
order is not in accordance with law.
6. In view of the aforesaid, impugned order dated 21.06.2024 passed by the
Additional Judge Small Causes Court, Moradabad 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.
7. The instant application is disposed of in above terms.
September 11, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
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