Raj Kumar Rajbhar v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court (Raj Beer Singh, J.), Application U/S 528 BNSS No. 14970 of 2025, decided 8.7.2025 (Neutral Citation 2025:AHC:107020). Quashing petition against proceedings in Case Crime No. 939 of 2017, Sections 420, 406, 506 IPC, P.S.- Ubhaon, District- Ballia, including charge-sheet dated 15.06.2019 and cognizance/summoning order dated 17.10.2020. Reliance on Delhi Race Club (1940) Ltd. v. State of U.P., 2024 SCC Online SC 2248: cheating (S. 420 IPC) and criminal breach of trust (S. 406 IPC) are distinct, antithetical offences incapable of coexisting on the same facts; summoning order set aside and matter remitted to the trial court for a fresh summoning order; application disposed of.
What did the court decide?
Impugned summoning order dated 17.10.2020 passed by the Judicial Magistrate- Ist, Ballia set aside; matter remitted back to the court concerned to pass a fresh order on the point of summoning afresh, expeditiously in accordance with law; application u/s 528 BNSS finally disposed of in above terms.