Mohd. Shoaib Vs State of U.P. Thru. Secy. Home Deptt… — Cheating and Forgery | Allahabad HC (2025)

Mohd. Shoaib Vs State of U.P. Thru. Secy. Home Deptt… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of (not quashed): applicant permitted to file a discharge application within three weeks, to be considered and decided expeditiously within four weeks in accordance with law; interim protection that no coercive action shall be taken against the applicant till then.

Issue for consideration

Whether the charge sheet dated 18.07.2023 in Case Crime No. 0213 of 2023 under Sections 420, 406 I.P.C. and the summoning order dated 20.12.2023 ought to be quashed. +1 more

Court's answer

The application is disposed of with a direction that if the applicant moves a discharge application within three weeks, the court concerned is expected to consider and decide the same expeditiously within four weeks, in accordance with law.

Ratio / Principle

Since the trial court took cognizance and issued summons against the applicant jointly under Sections 420 and 406 I.P.C., in view of the Apex Court's judgment in Delhi Race Club (supra), both proceedings cannot run simultaneously.

Key takeaways

Till then, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Tej Pratap Tiwari, J. — Section 482 Cr.P.C. application by Mohd. Shoaib seeking quashing of charge sheet dated 18.07.2023 in Case Crime No. 0213 of 2023 (Sections 420, 406 I.P.C., P.S. Banthara, District Lucknow, before the Special Chief Judicial Magistrate, Lucknow) and the summoning order dated 20.12.2023. Following the Apex Court judgment in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, the Court held that proceedings under Sections 420 and 406 I.P.C. cannot run jointly/simultaneously where cognizance and summons were issued under both sections together. Application disposed of with direction to move a discharge application within three weeks, to be decided expeditiously within four weeks; no coercive action against the applicant till then.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9483 of 2025

Mohd. Shoaib

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s)

Counsel for Applicant(s) : Anuja Bajpai
Counsel for Opposite Party(s) : G.A.

Court No. - 34

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.07.2023 filed in Case Crime No. 0213 of 2023, under Sections 420, 406 I.P.C., Police Station Banthara, District Lucknow, pending in the Court of Special Chief Judicial Magistrate, Lucknow as well as quash the impugned the summoning order dated 20.12.2023.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. 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 A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant is disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material

A482 No. 9483 of 2025

2

evidence collected by the I.O., prima facie , offence is made out against the applicant.

Considering the argument raised by counsel for the applicants and perused the record. Since the trial court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously.

In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three 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 applicant in the aforesaid case.

(Tej Pratap Tiwari,J.)

November 12, 2025

P.S

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench