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Vijay Laxmi Chatturvedi v. State of U.P. and Another

Allahabad HC16 May 2025A482/39663/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application allowed; summoning order dated 20-6-2024 of C.J.M. Court No. 17, Deoria quashed; criminal case no. 9242 of 2024; case crime no. 368 of 2024; Sections 420 and 406 IPC; cheating versus criminal breach of trust; offences cannot coexist; no application of judicial mind; reliance on Delhi Race Club (1940) Ltd. v. State of U.P., 2024 SCC OnLine SC 2248; remand to Magistrate to pass appropriate order within a month; Vijay Laxmi Chatturvedi v. State of U.P. and Another; Allahabad High Court; Deepak Verma, J.; order date 17.5.2025.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; summoning order dated 20-6-2024 (C.J.M. Court No. 17, Deoria) quashed and matter remanded to the learned Magistrate to pass an appropriate order within a month keeping in view Delhi Race Club (supra).

Vijay Laxmi Chatturvedi Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the cognizance/summoning order passed by the learned Magistrate (C.J.M. Court No. 17, Deoria) in criminal case no. 9242 of 2024 was vitiated for want of application of judicial mind and liable to be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Considering the argument raised by applicants' counsel and in view of the Apex Court's judgment in Delhi Race Club (supra), the cognizance/summoning order passed by the learned Magistrate was without application of judicial mind.

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Ratio / Principle

The impugned summoning order dated 20-6-2024 passed by C.J.M. Court No. 17 Deoria in criminal case no. 9242 of 2024 (arising out of case crime no. 368 of 2024, under sections 420, 406 IPC, P.S. Kotwali, District Deoria) is quashed.

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Key takeaways

The matter is remanded to the learned Magistrate, who shall pass an appropriate order within a month from the date of production of the certified copy of this order, keeping in view the order of the Apex Court in Delhi Race Club (supra).ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 482 No. 39663 of 2024, Vijay Laxmi Chatturvedi v. State of U.P. and Another, decided 17.5.2025: The High Court allowed the application under Section 482 Cr.P.C. and quashed the summoning order dated 20-6-2024 passed by C.J.M. Court No. 17, Deoria in criminal case no. 9242 of 2024 (arising out of case crime no. 368 of 2024, under sections 420, 406 IPC, P.S. Kotwali, District Deoria), holding that the cognizance/summoning order was passed without application of judicial mind, in view of the Apex Court's judgment in Delhi Race Club (1940) Ltd. v. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248 (quoted therein: cheating and criminal breach of trust are independent, antithetical offences that cannot coexist simultaneously on the same set of facts). The matter was remanded to the learned Magistrate with a direction to pass an appropriate order within a month of production of the certified copy, keeping in view the Delhi Race Club order.

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Neutral Citation No. - 2025:AHC:82502

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 39663 of 2024

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Applicant :- Vijay Laxmi Chatturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Mishra,Sunil Vashisth Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The present application u/s 482 Cr.P.C. has been filed with prayer to quash the Summoning order dated 20-6-2024 passed by C.J.M. Court No. 17 Deoria in criminal case no. 9242 of 2024 State Vs. Vijay Laxmi Chatturvedi, arises out of case crime no.368 of 2024, under sections 420, 406 1.P.C., P.S. Kotwali, District Deoria.

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Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. On perusal of F.I.R., no offence under the alleged Sections is made out. Learned court below has passed the cognizance order/summoning order 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, wherein the Apex Court in paragraphs 42 and 43 has held thus:

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"42. When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether the offence of cheating or criminal breach of trust as the case may be is made out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police ? to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and

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mechanically proceed to register an FIR for both the offences i.e. criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind.

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43. 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 viz-a-viz 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 the IPC (now BNS, 2023) are not twins that they cannot survive without each other."

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Considering the argument raised by applicants' counsel and in view of judgment passed by Hon'ble The Apex Court in the case of Delhi Race Club (supra), cognizance/summoning order dated 13.9.2024, passed by learned Magistrate is without application of judicial mind.

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Accordingly, the impugned summoning order dated 20-6-2024 passed by C.J.M. Court No. 17 Deoria in criminal case no. 9242 of 2024 State Vs. Vijay Laxmi Chatturvedi, arises out of Case Crime no.368 of 2024, under sections 420, 406 1.P.C., P.S. Kotwali, District Deoria, is hereby quashed.

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The matter is remanded back to learned Magistrate with direction that learned Magistrate shall pass an appropriate order within a month from the date of production of certified copy of this order keeping in view the order of Hon'ble The Apex Court passed in the case of Delhi Race Club (supra).

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With aforesaid direction, the present application under Section 482 Cr.P.C. is accordingly allowed .

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Order Date :- 17.5.2025 Meenu Singh

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

Vijay Laxmi Chatturvedi v. State of U.P. and Another

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Vijay Laxmi Chatturvedi v. State of U.P. and Another

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