Nirdosh Kumar v. State of U.P. and Another
Case brief
What is this about?
Section 528 BNSS quashing application; Sections 318(4) and 316(2) BNS (reincarnations of Sections 420 IPC cheating and 406 IPC criminal breach of trust); cheating and criminal breach of trust mutually exclusive, antithetical, cannot coexist on same facts; Delhi Race Club (2024 SCC OnLine SC 2248) relied on; summoning order dated 15.04.2025 set aside; remand for fresh summoning order; Criminal Case No. 4141 of 2025; Case Crime No. 283 of 2024, P.S. Indargarh, District Kannauj; Judicial Magistrate Kannauj; Allahabad High Court, decided 11.08.2025.
What did the court decide?
Application under Section 528 BNSS finally disposed of: the impugned summoning order dated 15.04.2025 passed by the Judicial Magistrate, Kannauj was set aside and the matter remitted to the court concerned to pass a fresh order on the point of summoning, expeditiously in accordance with law. The charge-sheet dated 15.11.2024 and the remainder of the proceedings were not quashed.