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

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

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of: impugned summoning order dated 07.02.2025 of CJM, Bijnor set aside and matter remitted to that court for a fresh order on summoning expeditiously in accordance with law; the wider prayer to quash the entire proceedings including the charge-sheet was not granted.

Issue for consideration

Whether the cognizance/summoning order dated 07.02.2025 could stand when the applicant was summoned for both cheating (S.420 IPC) and criminal breach of trust (S.406 IPC), offences which, as per Delhi Race Club (2024 SCC Online SC 2248), are independent and distinct, antithetical to each other, and cannot exist simultaneously on the same facts. +1 more

Court's answer

Proceeding on the ratio in Delhi Race Club (2024 SCC Online SC 2248), the Court treated the offence of cheating and the offence of criminal breach of trust as independent and distinct, antithetical to each other, and incapable of existing simultaneously on the same set of facts, so that the applicant could not validly be summoned for both on the same facts.

Ratio / Principle

The impugned summoning order dated 07.02.2025 passed by the CJM, Bijnor, summoning the applicant for offences under Sections 420, 406, 323, 504, 506 and 120-B IPC, is not in accordance with law.

Key takeaways

The impugned summoning order dated 07.02.2025 is set aside and the matter is remitted back to the court concerned (CJM, Bijnor) to pass a fresh order on the point of summoning expeditiously, in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), deciding an application under S.528 BNSS: the cognizance/summoning order dated 07.02.2025 passed by the CJM, Bijnor in Case No. 2156 of 2025 (arising out of Case Crime No. 0942 of 2022, under Sections 420, 406, 323, 504, 506, 120-B IPC, P.S. Kotwali Shahar, District Bijnor) was set aside. Relying on Delhi Race Club (1940) Ltd. v. State of U.P., 2024 SCC Online SC 2248, the Court held that cheating and criminal breach of trust are independent and distinct offences which are antithetical to each other and cannot exist simultaneously on the same set of facts; the applicant therefore could not be summoned for both. The matter was remitted to the trial court to pass a fresh order on the point of summoning expeditiously in accordance with law. The larger prayer to quash the entire proceedings, including the charge-sheet dated 12.06.2024, was left untouched.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28444 of 2025

Mohd. Hanif

.....Applicant(s)

	Versus
State Of U.P. And Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Mohd. Shaafi, Shujauddin
Counsel for Opposite Party(s)	:	G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 12.06.2024 as well as cognizance / summoning order dated 07.02.2025, of Case No. 2156 of 2025, arising out of Case Crime No. 0942 of 2022, under Sections 420, 406, 323, 504, 506, 120-B IPC, P.S.Kotwali Shahar, District- Bijnor, pending in the court of CJM, Bijnor.

It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. It was further submitted that by impugned order applicant has been summoned for offence under Sections 420, 406, 323, 504, 506, 120-B 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.

Perusal of record shows that by impugned order applicant has been summoned for the offence under Sections 420, 406, 323, 504, 506, 120-B 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 both cannot exist simultaneously in same set of facts and that they are antithetical to each

NA528 No. 28444 of 2025

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other. Thus, it is clear that impugned summoning order is not in accordance with law.

In view of the aforesaid, the impugned summoning order dated 07.02.2025, passed by the CJM, Bijnor is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law.

The application under Section 528 BNSS is disposed of in above terms.

(Raj Beer Singh,J.)

September 18, 2025

Anand

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad