Allahabad High Court
PRAMOD KUMAR PATHAKversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The summoning order dated 6‑9‑2025 is set aside and the matter is remitted to the trial court to consider the summons afresh.
Summary
The applicant, Pramod Kumar Pathak, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet and summons dated 6 September 2025 in a case involving offences under Sections 406, 420, 504 and 506 IPC. He contended that no prima facie case existed 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 (Sec. 420) and criminal breach of trust (Sec. 406) are mutually exclusive and cannot coexist. The High Court examined the material and held that the impugned summoning order violated that precedent. Consequently, the court set aside the summons and remitted the matter to the trial court for a fresh determination on the point of summoning. The application was disposed of accordingly.
Issues considered
- Whether a summons under both Sections 420 and 406 IPC can be valid when the offences are held to be mutually exclusive.
- Whether the impugned order of summons 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, 504, 506
Subjects
- criminal procedure
- quash of criminal proceedings
- Section 528 CrPC
- cheating
- criminal breach of trust
- IPC Sections 406, 420, 504, 506
- summoning order
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49535 of 2025
Pramod Kumar Pathak
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Kumar Chaubey
Counsel for Opposite Party(s) : G.A., Kaushal Kishor
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the parties and perused the material available
on record.
2. The present application has been for quashing of charge-sheet dated
12.1.2025 and summoning order dated 6.9.2025 as well as entire criminal
proceedings arising out of Case Crime No. 213 of 2024, under sections 406,
420, 504, 506 IPC,Police Station- Chitaipur, District- Varanasi, pending in
the court of learned A.C.J.M. VIth, Varanasi.
3. 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.
4. 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
and that they are antithetical to each other. Thus, it is clear that impugned
order is not in accordance with law.
5. In view of the aforesaid, impugned order dated 6.9.2025 passed by the
NA528 No. 49535 of 2025
2
ACJM, VIth Varanasi 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.
6. The instant application is disposed of in above terms.
September 21, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
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