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Allahabad High Court

RANVEER SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Sections 406 and 420 of the IPC cannot be concurrently applied to the same facts, rendering the cognizance order dated 16‑01‑2020 invalid.

Summary

The applicant, Ranveer Singh, filed a Section 528 application seeking to quash the charge‑sheet and the cognizance/summoning order dated 16‑01‑2020 in State v Ranveer Singh, which alleged offences under IPC Sections 406 (criminal breach of trust) and 420 (cheating). The applicant argued that, based on the Supreme Court’s decision in Delhi Race Club (1940) Ltd. v State of Uttar Pradesh (2024 10 SCC 690), the two sections cannot be applied to the same set of facts because the offences are mutually exclusive. The State opposed the prayer but conceded that the Supreme Court’s ratio is settled law. The High Court examined the record, applied the Supreme Court’s principle, and held that the cognizance order was invalid as it combined Sections 406 and 420. Consequently, the court set aside the cognizance/summoning order and remitted the matter to the lower court for a fresh cognizance order, if appropriate, and allowed the application in part.

Issues considered

  • Whether IPC Sections 406 and 420 can be concurrently invoked for the same conduct.
  • Whether the cognizance/summoning order dated 16‑01‑2020 is vitiated by the Supreme Court’s decision in Delhi Race Club (2024).
  • Whether the Supreme Court’s judgment operates retrospectively to affect orders passed before its date.

Legislation cited

Subjects

  • IPC Section 406
  • IPC Section 420
  • criminal breach of trust
  • cheating
  • coexistence of offences
  • cognizance order
  • retrospective effect
  • Section 528 application
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 5561 of 2026

Ranveer Singh
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                      :   Puneet Srivastava
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 77
                  HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned AGA for the State.

2. Present application has been preferred with the prayer to quash the
chargesheet dated 03.10.2019 and cognizance/summoning order dated
16.01.2020 as well as entire proceedings of Case No.68 of 2020 (State Vs.
Ranveer Singh), arising out of Case Crime No.132 of 2019, under
Sections 406 and 420 of IPC, P.S.- Charra, District Aligarh, pending in
the court of learned Judicial Magistrate-I, Aligarh.

3. Learned counsel appearing on behalf of applicant has challenged the
impugned chargesheet along with cognizance/summoning order and
entire proceedings of the present case precisely on the ground that
Sections 420 and 406 IPC cannot go together in the same breath as per the
proposition of law settled by Hon'ble Supreme Court in the case of Delhi
Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and
another reported in 2024 10 SCC 690. The relevant portion of the said
judgment is being reproduced hereinbelow:-

     "38. In our view, the plain reading of the complaint fails to
     spell out any of the aforesaid ingredients noted above. We may
     only say, with a view to clear a serious misconception of law in
     the mind of the police as well as the courts below, that if it is a
     case of the complainant that offence of criminal breach of trust
     as defined under Section 405 IPC, punishable under Section
     406 IPC, is committed by the accused, then in the same breath
                                                        NA528 No. 5561 of 2026
                               2


     it cannot be said that the accused has also committed the
     offence of cheating as defined and explained in Section 415
     IPC, punishable under Section 420 IPC.

     41. The distinction between mere breach of contract and the
     offence of criminal breach of trust and cheating is a fine one.
     In case of cheating, the intention of the accused at the time of
     inducement should be looked into which may be judged by a
     subsequent conduct, but for this, the subsequent conduct is not
     the sole test. Mere breach of contract cannot give rise to a
     criminal prosecution for cheating unless fraudulent or
     dishonest intention is shown right from the beginning of the
     transaction i.e. the time when the offence is said to have been
     committed. Therefore, it is this intention, which is the gist of
     the offence.

     43. There is a distinction between criminal breach of trust and
     cheating. For cheating, criminal intention is necessary at the
     time of making a false or misleading representation i.e. since
     inception. In criminal breach of trust, mere proof of
     entrustment is sufficient. Thus, in case of criminal breach of
     trust, the offender is lawfully entrusted with the property, and
     he dishonestly misappropriated the same. Whereas, in case of
     cheating, the offender fraudulently or dishonestly induces a
     person by deceiving him to deliver any property. In such a
     situation, both the offences cannot co-exist simultaneously.

     55. 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 vis-vis 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
     IPC (now BNS, 2023) are not twins that they cannot survive
     without each other."

4. On the other hand, learned A.G.A. has vehemently opposed the prayer
sought through the instant application but unable to dispute the settled
                                                                                          NA528 No. 5561 of 2026
                                                                   3


                                    proposition of law as relied upon by the learned counsel appearing for
                                    applicant.

                                    5. Since the arguments as advanced on behalf of learned counsel for
                                    applicant, are based on legal issue, no notice is required to be issued to
                                    opposite party no.2.

                                    6. After hearing the learned counsel for the parties, going through the
                                    record of the case and the judgment of the Hon'ble Supreme Court
                                    rendered in the case of Delhi Race Club (Supra), it is crystal clear that
                                    both the sections i.e. Sections 420 and 406 IPC cannot go in the same
                                    breath and as such, cognizance/summoning order dated 16.01.2020 is
                                    liable to be set aside. Although judgment of Hon'ble Supreme Court
                                    rendered in the case of Delhi Race Club (Supra) has been passed on
                                    23.08.2024 and cognizance of offence in the present case, has been taken
                                    on dated 16.01.2020 and as per the judgment rendered by Hon'ble the
                                    Apex Court in the case of Kanishk Sinha and another Vs. The State of
                                    West Bengal and another [2025 SCC Online SC 443], the judgment of
                                    Hon'ble the Apex Court will always be retrospective in nature unless the
                                    judgment itself specifically states that the judgment will operate
                                    prospectively.

                                    7. In view thereof, cognizance/summoning order dated 16.01.2020 passed
                                    in Case No.68 of 2020 (State Vs. Ranveer Singh), arising out of Case
                                    Crime No.132 of 2019, under Sections 406 and 420 of IPC, P.S.- Charra,
                                    District Aligarh, pending in the court of learned Judicial Magistrate-I,
                                    Aligarh, is set aside. Matter is hereby remitted back to learned court
                                    concerned for passing fresh order of taking cognizance of offence, if
                                    required, in light of the proposition of law settled by Hon'ble Supreme
                                    Court in the case of Delhi Race Club (supra).

                                    8. Accordingly, the instant application stands allowed in part.

                                    April 20, 2026
                                    Ashish/-

                                                                                      (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad


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