Ghanshyam Das vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ghanshyam Das vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: until further orders of the Court, further proceedings pursuant to the charge-sheet dated 8.2.2023 (Criminal Case No.5729 of 2023) shall remain stayed; notice issued to opposite party No.2; counter affidavits directed to be filed within three weeks and rejoinder affidavit, if any, within two weeks thereafter; matter to be listed thereafter. The substantive challenge, including the contention that Ss. 409 and 420 I.P.C. cannot coexist (per Arshad Neyaz Khan and Delhi Race Club), remains open for consideration.

Issue for consideration

Whether the entire proceedings pursuant to the charge-sheet dated 8.2.2023 in Criminal Case No.5729 of 2023 (State of U.P. Vs. Ghanshyam Das) under Sections 409, 420, 467, 468, 471 I.P.C., arising out of Case Crime No.291 of 2022, P.S. Chirgaon, District Jhansi, pending before the Chief Judicial Magistrate, Jhansi, are liable to be challenged/quashed. +1 more

Court's answer

Until further orders of the Court, further proceedings pursuant to the charge-sheet dated 8.2.2023 in Criminal Case No.5729 of 2023 (State of U.P. Vs. Ghanshyam Das), under Sections 409, 420, 467, 468, 471 I.P.C., arising out of Case Crime No.291 of 2022, P.S. Chirgaon, District Jhansi, pending before the Court of Chief Judicial Magistrate, Jhansi, shall remain stayed (interim protective order pending consideration after notice and pleadings).

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Lochan Shukla, J.; order dated November 7, 2025) - Application U/S 528 BNSS No. 11136 of 2025, Ghanshyam Das v. State of U.P. and Another. Challenge to the entire proceedings of the charge-sheet dated 8.2.2023 in Criminal Case No.5729 of 2023 (State of U.P. Vs. Ghanshyam Das) under Sections 409, 420, 467, 468, 471 I.P.C., arising out of Case Crime No.291 of 2022, P.S. Chirgaon, District Jhansi, pending before the Chief Judicial Magistrate, Jhansi, along with the summoning order. Counsel contended that criminal breach of trust and cheating cannot coexist, citing Arshad Neyaz Khan Vs. State of Jharkhand (2025 Live Law SC 950) and Delhi Race Club (1940) Ltd. Vs. State of Uttar Pradesh ((2024) 10 SCC 690); also noted the applicant had been granted bail (order dated 17.4.2023 in Criminal Misc. Bail Application No.742 of 2023) and his suspension stayed (order dated 11.10.2023 in WRIT-A No.17247 of 2023). Matter required consideration; notice issued to opposite party No.2, with counter affidavits (three weeks) and rejoinder (two weeks thereafter). INTERIM ORDER: until further orders of the Court, further proceedings pursuant to the said charge-sheet shall remain stayed. The question of coexistence of Ss. 409/420 I.P.C. was left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11136 of 2025

Ghanshyam Das

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) : Virendra Singh Patel
Counsel for Opposite Party(s) : G.A.

Court No. - 83

HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. Supplementary affidavit filed by the Learned counsel for the applicant is taken on the record.

3. Challenge in the application under Section 528 B.N.S.S. is to the entire proceedings of Charge-sheet dated 8.2.2023 passed in Criminal Case No.5729 of 2023 ( State of U.P. Vs. Ghanshyam Das ), under Sections 409, 420, 467, 468, 471 of I.P.C., arising out of Case Crime No.291 of 2022, P.S. - Chirgaon, District- Jhansi, pending before the Court of Chief Judicial Magistrate, Jhansi.

4. Learned counsel for the applicant submits that by the impugned charge-sheet and summoning order, the applicant has been summoned for the alleged offences under Sections 420 & 409 I.P.C. along with other offences under Sections 467, 468, 471 I.P.C.. Learned counsel for the applicant further submits that offence of 'criminal breach of trust' and 'cheating' cannot coexist, in view of the settled proposition of law laid down by Hon'ble Supreme Court in Arshad Neyaz Khan Vs. State of Jharkhand & Another reported in 2025 Live Law SC 950 and in Delhi Race Club (1940) Ltd. & Others vs. State of Uttar Pradesh & another reported in (2024) 10 SCC 690.

5. Learned counsel for the applicant submits that the applicant is not an absconder and he has been granted bail by this Court vide it's order dated 17.4.2023 passed in Criminal Misc. Bail Application No.742 of 2023 ( Ghanshyam Das Ahirwar Vs. State of U.P. ) . He also submits that the applicant was suspended for the same allegations that have been levelled in the First Information Report, however, this Court in WRIT - A No.17247 of 2023 ( Ghanshyam Das Vs. Union of India and 2 Others ) vide it's order dated 11.10.2023 has been pleased to stay the suspension order also.

NA528 No. 11136 of 2025

2

6. Matter requires consideration.

7. Issue notice to opposite party No.2.

8. learned A.G.A. as well as Learned counsel for the opposite party No.2 are directed to file counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

9. List thereafter.

10. Until further orders of the Court, further proceedings pursuant to Charge-sheet dated 8.2.2023 passed in Criminal Case No.5729 of 2023 ( State of U.P. Vs. Ghanshyam Das ), under Sections 409, 420, 467, 468, 471 of I.P.C., arising out of Case Crime No.291 of 2022, P.S. - Chirgaon, District- Jhansi, pending before the Court of Chief Judicial Magistrate, Jhansi shall remain stayed.

November 7, 2025

Sachin

(Rajiv Lochan Shukla,J.)

Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad