Dharmendra Kumar Rai @ Dharmendra Rai vs State of… — Cheating and Forgery | Allahabad HC (2025)

Dharmendra Kumar Rai @ Dharmendra Rai vs State of… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: notice issued to Opposite Party No. 2 returnable within six weeks; matter listed for 15.7.2025 among top ten cases; till the next date of listing, further proceedings of Criminal Case No. 4881 of 2024 (State vs Rajiv Kumar Singh @ Bablu Singh & Ors), pending before the Chief Judicial Magistrate, Court No.16, Sultanpur, stayed to the extent they relate to the applicant.

Issue for consideration

Whether ChargeSheet No. 01 of 2024 and the summoning order dated 14.7.2024, whereby the applicant has been summoned to face trial for offences under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C., should be quashed, given the applicant's contention that no offence/allegation is made out against him beyond his presence during the land transaction. +1 more

Court's answer

On a prima facie assessment, this court finds no material against the applicant sufficient for constituting offences punishable under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C.; on that basis the matter requires consideration and interim protection (notice, expedited listing and stay qua the applicant) was granted pending final decision.

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C./Section 528 B.N.S.S., 2023 by Dharmendra Kumar Rai @ Dharmendra Rai challenging ChargeSheet No. 01 of 2024 and summoning order dated 14.7.2024 issued in Criminal Case No. 4881 of 2024 (State vs Rajiv Kumar Singh @ Bablu Singh & Ors, Chief Judicial Magistrate, Court No.16, Sultanpur), whereby he was summoned to face trial for offences under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C. Counsel contended there is no allegation against the applicant beyond his presence during the land transaction, and relied on Delhi Race Club (1940) Ltd. vs. State of Uttar Pradesh, (2024) 10 SCC 690, wherein the Supreme Court held that offences under Sections 406 and 420 I.P.C. cannot take place simultaneously. Hon'ble Manjive Shukla, J. observed that prima facie no material against the applicant is sufficient to constitute the offences; the matter was stated to require consideration, notice was ordered to Opposite Party No. 2 (returnable within six weeks), the matter was listed for 15.7.2025 among the top ten cases, and further proceedings of the criminal case were stayed qua the applicant till the next date of listing. Interim order dated 3.6.2025.

Court No. - 5

Case :- APPLICATION U/S 482 No. - 4717 of 2025

Applicant :- Dharmendra Kumar Rai @ Dharmendra Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A.

Hon'ble Manjive Shukla,J.

Heard Sri Sudhir Kumar Rai, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State.

The instant application under Section 482 Cr.P.C./528 B.N.S.S., 2023 has been filed challenging therein, the ChargeSheet No. 01 of 2024 and summoning order dated 14.7.2024 whereby, the applicant had been summoned to face trial for the offences punishable under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C.

It has been contended on behalf of the applicant that there is no allegation against him in respect of any offfence punishable under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C. It has further been contended on behalf of the applicant that only allegation against him is that he remained present during the land transaction.

Learned counsel appearing for the applicant has relied on the judgment of the Hon'ble Supreme Court rendered in the case of Delhi Race Club (1940) Ltd. vs. State of Uttar Pradesh (2024) 10 SCC 690 , and submits that in the said judgment Hon'ble Supreme Court, had laid down a law that the offences punishable under Sections 406 and 420 of the I.P.C. cannot take place simultaneously.

I have considered the arguments advanced by the learned counsel appearing for the applicant and prima-facie, I do not find any material against the applicant, which may be sufficient for constituting offences punishable under Sections 419, 420, 406, 417, 504, 506 and 120-B I.P.C. Even otherwise the Hon'ble Supreme Court, in the case of Delhi Race Club (Supra) , had categorically held that offences punishable under Sections 406 and 420 of the I.P.C. cannot take place simultaneously.

Matter requires consideration.

Issue notice to Opposite Party No. 2 returnable within six weeks.

List this matter on 15.7.2025, in top ten cases.

Till the next date of listing, the further proceedings of the Criminal Case No. 4881 of 2024 (State vs Rajiv Kumar Singh @ Bablu Singh & Ors), pending in the court of learned Chief Judicial Magistrate, Court No.16, Sultanpur, to the extent it relates to the applicant, shall remain stayed.

Order Date :- 3.6.2025 Gaurav

Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad, Lucknow Bench