Ram Jag Jaiswal vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Ram Jag Jaiswal vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim orders only: notice to be issued to respondent no. 2 with steps to be taken within seven days; till the next date of listing, proceedings of Criminal Case No. 937 of 2024 pending before the First Additional Civil Judge (Senior Division), Faizabad to remain stayed as far as they relate to the present applicant; case to be listed in the second week of July, 2025 amongst top ten cases; office directed to submit service report by the next date of listing. No final adjudication on the quashing prayer.

Issue for consideration

Whether the entire criminal proceedings arising out of Case Crime No. 223 of 2022 under Sections 406, 420, 506 IPC, including the charge sheet dated 16.03.2023 and the summoning order dated 23.04.2024 in Criminal Case No. 937/2024, should be quashed so far as they relate to the applicant, given the contention that Sections 406 IPC and 420 IPC cannot be proceeded with simultaneously (relying on Delhi Race Club (1940) Ltd. v. State of U.P., 2024 10 SCC 690).

Detailed headnote1 paragraphs

Application u/S. 482 Cr.P.C./528 B.N.S.S. (No. 3798 of 2025) by Ram Jag Jaiswal seeking quashing of the entire criminal proceedings arising out of Case Crime No. 223 of 2022 (Ss. 406, 420, 506 IPC), P.S. Kumarganj, District Ayodhya, including the charge sheet dated 16.03.2023 and the summoning order dated 23.04.2024 passed by the First Additional Civil Judge (Senior Division), Faizabad (Ayodhya) in Criminal Case No. 937/2024, qua the applicant. The FIR dated 28.09.2022 was lodged by respondent no. 2 against the applicant and five other named accused under Ss. 419, 420, 467, 468, 471 and 506 I.P.C.; the charge-sheet was filed under Ss. 420, 506 and 406 IPC. Counsel relied on Delhi Race Club (1940) Ltd. and others v. State of Uttar Pradesh and another, 2024 10 SCC 690, for the proposition that Ss. 406 IPC and 420 IPC cannot be proceeded with simultaneously; the A.G.A. opposed but was unable to dispute the proposition. INTERIM ORDER ONLY: notice ordered to respondent no. 2; proceedings of Criminal Case No. 937 of 2024 stayed qua the applicant till the next date of listing; matter adjourned to the second week of July, 2025. No final adjudication on merits.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3798 of 2025

Applicant :- Ram Jag Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Arun Kumar Pandey,I.M. Pandey Ist Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard.

Present case has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

"Wherefore it is most respectfully prayed that the Hon'ble court may graciously be pleased to allow the present petition and to quash the entire criminal proceedings arising out of Case Crime No. 223 of 2022, under Sections 406, 420, 506 IPC, Police Station Kumarganj, District Ayodhya, including the charge sheet dated 16.03.2023 and the summoning order dated 23.04.2024 passed by the learned First Additional Civil Judge (Senior Division), Faizabad (Ayodhya) in Criminal Case No. 937/2024, so far as it relates to the petitioner as contained in Annexure no. 1 and 2 respectively to this petition. "

Learned counsel for the applicant has submitted that an FIR dated 28.09.2022 has been lodged by the respondent no. 2 against the applicant and other five named accused persons under Sections 419, 420, 467, 468, 471 and 506 I.P.C. The Police after the investigation has filed the charge-sheet under Sections 420, 506 and 406 IPC against the applicant and two other co-accused persons, which cannot go 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.

Learned A.G.A. has vehemently opposed the application but unable to dispute the settled proposition of law as relied upon by the learned counsel for the applicant i.e. the Section 406 IPC and Section 420 IPC cannot be proceeded with simultaneously.

Instant matter requires consideration.

Issue notice to the respondent no. 2.

Steps be taken within seven days.

List this case in the second week of July, 2025 amongst top ten cases.

Office is directed to submit service report by the next date of listing.

Till the next date of listing, proceedings of Criminal Case No. 937 of 2024 pending before the First Additional Civil Judge (Senior Division), Faizabad as far as it is related to the present applicant shall remain stayed.

Order Date :- 19.5.2025 Ashish

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench