Partly allowed¶11

Mantu Kumar Prasad Alias Mantu Bind v. State of U.P. and Another

Allahabad HC10 Aug 2025NA528/20888/2025

Case brief

AI extract

What is this about?

Quashing application S. 528 BNSS; summoning/cognizance order under Sections 420, 406 IPC; cheating and criminal breach of trust independent, distinct, antithetical, cannot exist simultaneously; Delhi Race Club (1940) Ltd. v. State of U.P., 2024 SCC Online SC 2248, relied on; summoning order dated 27.07.2023 set aside; matter remanded to ACJM-II Ballia for fresh summoning order; Case Crime No. 10 of 2023, P.S. Dokti, District Ballia; Allahabad High Court.

What did the court decide?

Impugned summoning order dated 27.07.2023 set aside; matter remitted to the court concerned to pass a fresh order on the point of summoning expeditiously in accordance with law; application under S. 528 BNSS finally disposed of in above terms. ¶11

Mantu Kumar Prasad Alias Mantu Bind Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the impugned cognizance/summoning order dated 27.07.2023, summoning the applicant under Sections 420 and 406 IPC, is sustainable, given the contention that cheating and criminal breach of trust are independent and distinct offences which cannot coexist on the same set of facts.

¶8

Court's answer

Applying Delhi Race Club (supra), since the offences of cheating and criminal breach of trust are independent and distinct and antithetical to each other and cannot exist simultaneously on the same set of facts, the impugned summoning order dated 27.07.2023 is not in accordance with law.

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Ratio / Principle

The impugned summoning order dated 27.07.2023 passed by the Additional Chief Judicial Magistrate- II, Ballia is set aside, and the matter is remitted 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.; Order dated 11.8.2025) partly allowed an application under S. 528 BNSS challenging the cognizance/summoning order dated 27.07.2023 passed by the Additional Chief Judicial Magistrate- II, Ballia in Case No. 4849 of 2023 (State v. Mantu Bind), arising out of Case Crime No. 10 of 2023, P.S.- Dokti, District- Ballia, under Sections 420, 406 IPC. Relying on Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another, 2024 SCC Online SC 2248, wherein the Apex Court held that the offences of cheating and criminal breach of trust are independent and distinct, antithetical to each other, and cannot coexist simultaneously on the same set of facts, the Court held that the summoning order charging both offences was not in accordance with law. The summoning order was set aside and the matter remitted for a fresh order on summoning; the wider prayer to quash the charge-sheet and entire proceedings was not acceded to at this stage. Application finally disposed of.

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Neutral Citation No. - 2025:AHC:136218

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 20888 of 2025

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Applicant :- Mantu Kumar Prasad Alias Mantu Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranvijay Chaubey 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 and learned A.G.A. for the State.

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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 13.05.2013 as well as cognizance / summoning order dated 27.07.2023, of Case No. 4849 of 2023 (State v. Mantu Bind), arising out of Case Crime No. 10 of 2023, under Sections 420, 406 IPC, P.S.- Dokti, District- Ballia, pending in the court of Additional Chief Judicial Magistrate- II, Ballia.

¶8

It has been submitted by learned counsel for the applicant that the first information report has been lodged making false allegation. It is further submitted that by impugned order dated 27.07.2023 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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27.07.2023 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.

¶11

In view of the aforesaid, the impugned summoning order dated 27.07.2023, passed by the Additional Chief Judicial Magistrate- II, Ballia 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 :- 11.8.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Mantu Kumar Prasad Alias Mantu Bind v. State of U.P. and Another

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Mantu Kumar Prasad Alias Mantu Bind v. State of U.P. and Another

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