Pankaj Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9889 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2This application has been filed for quashing the charge sheet dated

30.3.2022 arising out of First Information Report No.117 of 2021 under Sections 406, 420 I.P.C. related to the P.S. Gomti Nagar, District Lucknow as well as summoning order dated 3.10.2022 passed by learned Chief Judicial Magistrate, Lucknow in Case No.89891 of 2022.

¶3Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case, but the Investigating Officer submitted the charge sheet under Sections 406, 420 I.P.C. in mechanical manner. It is further submitted that the trial court has also wrongly taken cognizance on the same and summoned the applicant vide impugned order. It is vehemently submitted that the trial for the offence of cheating as well as criminal breach of trust cannot run together. Reliance in support of his argument has been placed by the learned counsel for the applicant on the decision of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of U.P. & Anr., (Criminal Appeal No. 3114 of 2024). It is, thus, submitted that the indulgence of this Court is necessary. Versus Counsel for Applicant(s) : Dharmendra Kumar Singh, Ankit Kumar Singh Counsel for Opposite Party(s) : G.A. Pankaj Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)

¶4Learned A.G.A. opposes the prayer of the applicant and submits there is no illegality in the order passed by the trial court. However, he does not dispute on the legal pronouncement of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. (supra).

¶5Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the charge sheet was filed by the Investigating Officer for the offences under Section 406, 420 I.P.C. Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. (supra) has categorically laid down that the trial for the offences of cheating as well as criminal breach of trust cannot run together.

¶6In view of above facts and circumstances, this Court is of the view that the impugned summoning order is liable to be set aside and, therefore, summoning order dated 3.10.2022 is hereby quashed.

¶7The application stands allowed.

¶8Trial court is directed to pass fresh orders in the matter in the light of the law laid down in the case of Delhi Race Club (1940) Ltd. (supra), within a period of one month from the date of production of a certified copy of this order. December 17, 2025 GauraV/- A482 No. 9889 of 2025 (Rajeev Singh,J.) High Court of Judicature at Allahabad, Lucknow Bench