Sachin Singh Thakur vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Sachin Singh Thakur vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction that if the applicant moves a discharge application within two weeks, the court concerned will consider and decide it expeditiously within four weeks in accordance with law; till then, no coercive action shall be taken against the applicant.

Issue for consideration

Whether the Charge Sheet dated 08.06.2023, cognizance order dated 14.06.2023 and the entire proceedings of Criminal Case No.21676 of 2023 (under Sections 420, 406, 467, 468, 471 & 120-B IPC, P.S. Hariparwat, District Agra) should be quashed. +2 more

Court's answer

If the applicant moves a discharge application within a period of two weeks, the court concerned is expected to consider and decide the same expeditiously within a period of four weeks, in accordance with law.

Ratio / Principle

Since the trial court took cognizance and issued summons against the applicant under Sections 420 & 406 I.P.C. jointly, both proceedings cannot run simultaneously, in view of the Apex Court judgment in Delhi Race Club (supra).

Key takeaways

Till the discharge application is considered and decided as directed, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 72) — Application u/s 482 Cr.P.C. No. 3649 of 2025 (Deepak Verma, J., September 11, 2025): Sachin Singh Thakur v. State of U.P. & 2 Others. Applicant sought quashing of the Charge Sheet dated 08.06.2023, cognizance order dated 14.06.2023 and entire proceedings of Criminal Case No.21676 of 2023 under Sections 420, 406, 467, 468, 471 & 120-B IPC, P.S. Hariparwat, District Agra, pending before the Chief Judicial Magistrate, Agra. Observing that the trial court had taken cognizance and issued summons against the applicant under Sections 420 & 406 I.P.C. jointly, the Court held, relying on the Apex Court judgment in Delhi Race Club (1940) Ltd., 2024 SCC OnLine SC 2248, that both proceedings cannot run simultaneously. The 482 application was accordingly disposed of with a direction that if the applicant moves a discharge application within two weeks, the court concerned will consider and decide it expeditiously within four weeks in accordance with law; till then, no coercive action was to be taken against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 3649 of 2025

Sachin Singh Thakur

.....Applicant(s)

	Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Aklank Kumar Jain, Bhanu Pratap Dhakray
Counsel for Opposite Party(s)	: G.A.
Court No.- 72

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

The present application u/s 482 Cr.P.C. has been filed with prayer to quash the Charge Sheet dated 08.06.2023; cognizance order dated 14.06.2023 as well as entire proceedings of Criminal Case No.21676 of 2023, under Sections 420, 406, 467, 468, 471 & 120-B IPC, P.S. Hariparwat, District Agra, pending in the court of Chief Judicial Magistrate, Agra.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that charge-sheet has been submitted against the applicant and no charge-sheet has been submitted against other co-accused persons. Summoning under section 120-B I.P.C. by the learned magistrate is without application of 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.

Per contra, learned AGA vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. On perusal of FIR and other material evidence collected by the I.O. prima facie, offence is made out against the applicant.

Considering the argument raised by applicant's counsel and perused the record. Since the trial court took cognizance and issued summon against the applicant under sections 420 & 406 I.P.C. jointly, in view of the Hon.Apex Court in the case of Delhi Race Club (supra) both proceedings cannot run simultaneously.

In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge

A482 No. 3649 of 2025

2

application within a period of two weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law.

Till then, no coercive action shall be taken against the applicant in the aforesaid case.

September 11, 2025 SKD

(Deepak Verma,J.)

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad