Partly allowed¶¶12

Shyam Babu v. State of U.P. and Another

Allahabad HC8 Jul 2025NA528/20501/2025

Case brief

AI extract

What is this about?

Allahabad High Court; S. 528 BNSS quashing application; summoning order dated 16.08.2023 under Ss. 420 & 406 IPC set aside — cheating and criminal breach of trust distinct, antithetical, cannot coexist on same facts (Delhi Race Club, 2024 SCC Online SC 2248); remand to A.C.J.M. Sikohabad, Firozabad for fresh summoning order; Case Crime No. 326 of 2022, P.S. Sirsaganj, Firozabad; charge-sheet 12.11.2022 not quashed; disposed 9.7.2025.

What did the court decide?

Application under S. 528 BNSS finally disposed of: the summoning order dated 16.08.2023 was set aside and the matter remitted to the trial court for a fresh order on summoning; the wider prayer to quash the entire proceedings including the charge-sheet dated 12.11.2022 was not granted. ¶¶12

Shyam Babu Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned summoning order dated 16.08.2023, whereby the applicant was summoned for offence under Sections 420 and 406 IPC, is sustainable in view of the position that cheating and criminal breach of trust are independent and distinct offences which cannot exist simultaneously on the same set of facts.

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Court's answer

In view of the law laid down by the Hon'ble Apex Court in Delhi Race Club (supra) — that cheating and criminal breach of trust are independent, distinct and antithetical offences which cannot exist simultaneously in the same set of facts — the impugned summoning order dated 16.08.2023, summoning the applicant under Sections 420 and 406 IPC, is not in accordance with law.

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Ratio / Principle

The impugned summoning order dated 16.08.2023, passed by the A.C.J.M., Sikohabad, Firozabad, is set aside, and the matter is remitted back to the court concerned to pass a fresh order on the point of summoning, expeditiously and in accordance with law.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), Application U/S 528 BNSS No. 20501 of 2025, Shyam Babu v. State of U.P. and Another, order dated 9.7.2025 — By the summoning order dated 16.08.2023 in Case No. 30258 of 2023 (arising out of Case Crime No. 326 of 2022, under Sections 420, 406 IPC, P.S. Sirsaganj, District Firozabad), the applicant had been summoned for offence under Sections 420 and 406 IPC. Relying on Delhi Race Club (1940) Ltd. and Others v. State of Uttar Pradesh and Another, 2024 SCC Online SC 2248, wherein the Hon'ble Apex Court held that cheating and criminal breach of trust are independent and distinct offences which cannot exist simultaneously on the same set of facts and are antithetical to each other, the Court held the summoning order to be not in accordance with law, set it aside, and remitted the matter to the court concerned to pass a fresh order on the point of summoning expeditiously in accordance with law. The application was finally disposed of in these terms.

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Neutral Citation No. - 2025:AHC:109205

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 20501 of 2025

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Applicant :- Shyam Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 12.11.2022 as well as cognizance / summoning order dated 16.08.2023, of Case No. 30258 of 2023 (State Vs. Shyam Babu and Others), arising out of Case Crime No. 326 of 2022, under Sections - 420, 406 IPC, P.S.- Sirsaganj, District - Firozabad, pending in the court of A.C.J.M., Sikohabad, Firozabad.

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It has been submitted by learned counsel for the applicant that the first information report has been lodged making false allegations. It is further submitted that by impugned order dated 16.08.2023 applicant has been summoned for offence under Sections - 420, 406 I.P.C. and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another; 2024 SCC Online SC 2248, the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside.

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Perusal of record shows that by impugned order dated

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16.08.2023 applicant has been summoned under Sections - 420, 406 I.P.C. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and thus, the same cannot exist simultaneously in same set of facts and that they are antithetical to each other. Thus, it is clear that impugned summoning order is not in accordance with law.

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In view of the aforesaid, the impugned summoning order dated 16.08.2023, passed by the A.C.J.M., Sikohabad, Firozabad is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law.

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The application u/s 528 BNSS is finally disposed of in above terms.

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Order Date :- 9.7.2025

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S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Shyam Babu v. State of U.P. and Another

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Shyam Babu v. State of U.P. and Another

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