AMAR SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD
          APPLICATION U/S 528 BNSS No. - 37886 of 2026

Amar Singh And 2 Others
                                                  .....Applicant(s)
                             Versus

State of U.P. and Another
                                                     .....Opposite
                                                           Party(s)

Counsel for Applicant(s)              :   Lavkush Kumar Bhatt
Counsel for Opposite Party(s)         :   G.A., Sucheta Pathak

Court No. - 74
                 HON'BLE DEEPAK VERMA, J.

1. Heard Mr. Lavkush Kumar Bhatt, learned counsel for the
applicants, Mr. Sudeep Kumar Pathak, learned counsel for the
opposite party no. 2, learned A.G.A. for the State and perused the
record.

2. The present application u/s 482 Cr.P.C./ 528 BNSS has been
filed with prayer to quash the impugned summoning order dated
17.06.2026 passed by the learned Judicial Magistrate/ Additional
Civil Judge (Junior Division) Court No. 1, Farrukhabad, whereby
the applicants have been summoned for the offence under
Sections 318(2), 352, 316(2) and 351(2) of B.N.S., as well as the
entire proceedings of Complaint Case No. 418 of 2025 (Anurag
Katiyar Vs. Amar Singh and others) for the offence punishable
under Sections 318(2), 352, 316(2) and 351(2) of B.N.S., Police
Station Jahanganj, District Farrukhabad, pending in the court of
Judicial Magistrate/ Additional Civil Judge (Junior Division)
Court No. 1, Farrukhabad.

3. Learned counsel for the applicant submits that applicant is
innocent and has been falsely implicated in the present case.
Learned Magistrate has issued summon on 17.06.2026 against the
applicants. On perusal of F.I.R., no offence under the alleged
Section is made out. Learned court below has passed the
cognizance order/summoning order without application of
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judicial mind. It is next submitted that proceedings under
Sections 420 and 406 I.P.C. cannot run jointly in view of the
judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The
State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, the
Apex Court has held in para 42 and 43, which are quoted herein
below:

"42. When dealing with a private complaint, the law enjoins upon
the magistrate a duty to meticulously examine the contents of the
complaint so as to determine whether the offence of cheating or
criminal breach of trust as the case may be is made out from the
averments made in the complaint. The magistrate must carefully
apply its mind to ascertain whether the allegations, as stated,
genuinely constitute these specific offences. In contrast, when a
case arises from a FIR, this responsibility is of the police ? to
thoroughly ascertain whether the allegations levelled by the
informant indeed falls under the category of cheating or criminal
breach of trust. Unfortunately, it has become a common practice
for the police officers to routinely and mechanically proceed to
register an FIR for both the offences i.e. criminal breach of trust
and cheating on a mere allegation of some dishonesty or fraud,
without any proper application of mind.

43. It is high time that the police officers across the country are
imparted proper training in law so as to understand the fine
distinction between the offence of cheating viz-a-viz criminal
breach of trust. Both offences are independent and distinct. The
two offences cannot coexist simultaneously in the same set of
facts. They are antithetical to each other. The two provisions of
the IPC (now BNS, 2023) are not twins that they cannot survive
without each other."

4. Considering the argument raised by applicants' counsel and in
view of judgment passed by Hon'ble The Apex Court in the case
of Delhi Race Club (1940) Ltd., cognizance/summoning order
dated 17.06.2026 passed by learned Magistrate is without
application of judicial mind.
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                                        5. Accordingly, the impugned order dated 17.06.2026, is hereby
                                        quashed.

                                        6. The matter is remanded back to learned Magistrate with
                                        direction that learned Magistrate shall pass an appropriate order
                                        within a month from the date of production of certified copy of
                                        this order keeping in view the order of Hon'ble The Apex Court
                                        passed in the case of Delhi Race Club (1940) Ltd. vs. The State
                                        of Uttar Pradesh & Anr.

                                        7. With aforesaid direction, the present application under Section
                                        528 BNSS is accordingly allowed.

                                        September 9, 2026
                                        Nisha

                                                                                      (Deepak Verma,J.)




Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad