Allahabad High Court
PREM DUTT PACHAURI AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The High Court held that the impugned order summoning the applicants under both Sections 420 and 406 IPC is contrary to law and set it aside.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash a charge sheet dated 23.01.2023 and the cognizance order dated 05.07.2023 that had summoned them under Sections 420, 406, 504 and 506 of the IPC. The opposite party contended that, according to the Supreme Court’s decision in Delhi Race Club (1940) Ltd. & Others v. State of Uttar Pradesh (2024 SCC Online SC 2248), the offences of cheating and criminal breach of trust are distinct and cannot coexist, rendering the summons illegal. The High Court examined the record and accepted the argument that the simultaneous invocation of Sections 420 and 406 was contrary to law. Consequently, the Court set aside the impugned order and remitted the matter to the lower court to issue a fresh summoning order in accordance with legal principles. The application was disposed of, with the order of the Chief Judicial Magistrate being nullified.
Issues considered
- Whether a summons invoking both Sections 420 and 406 IPC for the same set of facts is legally permissible.
- Whether the impugned cognizance order dated 05.07.2023 can be quashed under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 420, 504, 506
Subjects
- Section 482 CrPC
- quash order
- charge sheet
- cheating
- criminal breach of trust
- IPC Sections 420 and 406
- summons order
- jurisdiction of High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41817 of 2025
Prem Dutt Pachauri And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mrityunjay Dwivedi
Counsel for Opposite Party(s) : G.A., Mool Chandra Maurya
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Learned counsel for the opposite party no.2 submits that he has served the
mentioned slip upon the learned counsel for the applicants, who has refused
to accept the same.
2. Heard Sri Mool Chandra Maurya, learned counsel for the opposite party
no.2, learned AGA for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed filed by the
appellants for quashing the charge sheet dated 23.01.2023 alongwith
impugned cognizance order dated 05.07.2023 passed by learned Chief
Judicial Magistrate, Aligarh in Case No.32721 of 2023, under Sections 406,
420, 504 and 506 IPC, Police Station Banna Devi, District Aligarh which is
originally arises out of Case Crime No.556 of 2021.
4. It has been fairly submitted by learned counsel for the opposite party no.2
that the applicants were 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 applicants have 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
and that they are antithetical to each other. Thus, it is clear that impugned
NA528 No. 41817 of 2025
2
order is not in accordance with law.
6. In view of the aforesaid, impugned order dated 05.07.2023 passed by
Chief Judicial Magistrate, Aligarh 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 28, 2026
Ajeet
(Madan Pal Singh,J.)
Digitally signed by :-
AJEET KUMAR PATEL
High Court of Judicature at Allahabad
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