Shailendra Gupta and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Shailendra Gupta and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction that if the applicants move 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 against the applicants.

Issue for consideration

Whether the charge sheet dated 23.03.2024, the cognizance and summoning order dated 21.05.2024, and the entire proceedings of Case No.43723 of 2024 arising out of Case Crime No.217 of 2023 under Sections 406, 420, 467, 468, 471 IPC should be quashed. +1 more

Court's answer

The Section 482 application is disposed of with the direction that if the applicants move a discharge application within two weeks, the court concerned is expected to consider and decide it expeditiously within four weeks in accordance with law.

Ratio / Principle

Since the trial court took cognizance and issued summons against the applicants under Sections 420 and 406 IPC jointly, in view of the Supreme Court's judgment in Delhi Race Club both sets of proceedings cannot run simultaneously.

Key takeaways

Until the discharge application is so considered and decided, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), Court No. 72, disposing of Application U/S 482 No. 4089 of 2025 filed by Shailendra Gupta and another seeking quashing of the charge sheet dated 23.03.2024, the cognizance and summoning order dated 21.05.2024, and the entire proceedings of Case No.43723 of 2024 (State vs. Shailendra Gupta) arising out of Case Crime No.217 of 2023, under Sections 406, 420, 467, 468, 471 IPC, P.S. Juhi, District Kanpur Nagar, pending before Judicial Magistrate-08, Kanpur Nagar. Relying on the Apex Court judgment in Delhi Race Club (1940) Ltd. vs. State of U.P., 2024 SCC OnLine SC 2248, the Court held that proceedings under Sections 420 and 406 IPC taken jointly cannot run simultaneously, and instead of quashing, directed that a discharge application moved within two weeks be considered and decided expeditiously within four weeks in accordance with law, with no coercive action against the applicants till then.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 4089 of 2025

Shailendra Gupta And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Anil Kumar Srivastava, Poonam Srivastava : G.A.

Court No. - 72

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants; 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 23.03.2024; cognizance and summoning order dated 21.05.2024 as well as entire proceedings of Case No.43723 of 2024 (State vs. Shailendra Gupta), arising out of Case Crime No.217 of 2023, under Sections 406, 420, 467, 468, 471 IPC, P.S. Juhi, District Kanpur Nagar, pending in the court of Judicial Magistrate-08, Kanpur Nagar.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The allegation alleged in the FIR is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. 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 applicants and submitted that the submissions raised by the counsel for the applicants 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 applicants.

Considering the argument raised by applicants' 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.

A482 No. 4089 of 2025

2

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

September 8, 2025 SKD

(Deepak Verma,J.)

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