Jitendra Kumar Alias Jitendra Kumar Gupta Alias Jatin v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Jun 2025A482/4954/2025

Case brief

AI extract

What is this about?

Applicant sought quashing of criminal proceedings under Sections 406, 420, 467, 468, 471 IPC arising from a summoning order, citing Apex Court holdings that cheating and criminal breach of trust trials cannot run together. The High Court issued notice to the private respondent, listed the matter for September 2025, and stayed coercive steps meanwhile.

What did the court decide?

Interim direction that no coercive steps be taken against the applicant until next listing in September 2025.

Jitendra Kumar Alias Jitendra Kumar Gupta Alias Jatin vs… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 4954 of 2025

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Applicant :- Jitendra Kumar Alias Jitendra Kumar Gupta Alias Jatin

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and Shri Rao Narendra Singh, learned A.G.A for the State.

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The instant application has been filed by the applicant with the following main prayer:-

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" Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to allowed the petition and quashing of entire criminal proceeding arising out of impugned summoning order dated 27-10-2023 Passed by-Learned A.C.J.M-2nd Lucknow (State versus Jitendra Kumar Gupta @Jatin.), Case No-120973 of 2023 Crime No-39 of 2023 and Chargesheet No 01 dated -10-10-2023 Under Sections406,420,467,468,471 IPC at Police Station- Vibhutikhand DistrictLucknow and issue the NBW against the applicant by the court below dated 15-05-2025 contained as annexure No-2 to the petition, in the interest of justice.

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Meanwhile, this Hon'ble court may kindly be pleased to stay the operation of impugned summoning order dated 27-10-2023 Passed byLearned A.C.J.M-2nd Lucknow (State versus Jitendra Kumar Gupta @Jatin.), Case No-120973 of 2023 Crime No-39 of 2023 and Chargesheet No 01 dated -10-10-2023 Under Sections406,420,467,468,471 IPC at Police Station- Vibhutikhand DistrictLucknow and issue the NBW against the applicant by the court below dated 15-05-2025 contained as Annexure No-2 to the petition, in the interest of justice."

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Learned counsel for the applicant submits that prosecution in question is initiated on the basis of allegation of criminal breach of trust and charge-sheet was submitted for offense of cheating also. Relying on the decisions of Hon'ble Apex Court passed in the case of Delhi Race Club (1940) Ltd. and Ors. Vs. State of U.P. and Anr. reported in (2024) SCC OnLine SC 2248 and Sachin Garg versus State of U.P and Another, reported in 2024 SCC Online 82 learned counsel for the applicant vehemently submits that trial for criminal breach of trust and cheating cannot run together, hence, indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute on the legal pronouncement of Hon'ble Apex Court in the case of Delhi Race Club (supra) and Sachin Garg (supra) .

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Considering the submissions of learned counsel for the parties and going through the contents of the application, judgement relied by learned counsel for the applicant as well as other relevant documents, it is well settled by Hon'ble Apex Court that trial for the offenses of cheating and criminal breach of trust cannot run together. In such circumstances, the matter requires consideration.

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Issue notice to private respondent.

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List this case in the month of September, 2025.

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Till the next date of listing, no coercive steps be taken against the applicant.

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Order Date :- 19.6.2025 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Kumar Alias Jitendra Kumar Gupta Alias Jatin v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Jitendra Kumar Alias Jitendra Kumar Gupta Alias Jatin v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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