Kishan Alias Sonu Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kishan Alias Sonu Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief at notice stage: notice issued to respondent No.2 returnable at an early date; counter affidavit within four weeks and rejoinder affidavit, if any, within two weeks thereafter; further proceedings pursuant to the above-mentioned criminal case stayed till the next date of listing; matter connected with Applications U/s 528 BNSS Nos. 2829, 36467 and 37503 of 2025.

Issue for consideration

Whether the Charge Sheet dated 20.05.2025 and Cognizance Order dated 01.07.2025 in Criminal Case No.50497 of 2024 are liable to be quashed on the applicant's contention that the offences of cheating and criminal breach of trust, with which he stands chargesheeted and summoned, cannot coexist as per the ratio laid down by the Supreme Court in Arshad Neyaz Khan and Delhi Race Club.

Court's answer

As an interim measure, till the next date of listing, further proceedings pursuant to Criminal Case No.50497 of 2024 shall remain stayed.

Ratio / Principle

The present application is connected with, and to be heard alongwith, Application U/s 528 BNSS No.2829 of 2025, Application U/s 528 BNSS No.36467 of 2025 and Application U/s 528 BNSS No.37503 of 2025.

Key takeaways

Notice issued to respondent No.2, returnable at an early date.ratio¶14
The opposite parties may file counter affidavit within a period of four weeks; rejoinder affidavit, if any, within two weeks thereafter.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rajiv Lochan Shukla, J.), by order dated December 18, 2025 in Application U/S 528 BNSS No. 44722 of 2025, Kishan Alias Sonu Yadav v. State of U.P. and Another: The applicant sought quashing of the Charge Sheet dated 20.05.2025 and Cognizance Order dated 01.07.2025 in Criminal Case No.50497 of 2024, arising out of Case Crime No.456 of 2024 (State Vs. Amarjeet and others) under Sections 316(2), 351(2), 318(4), 338, 336(3), 340, 352, 61(2) B.N.S., Police Station-Sahjanwa, District-Gorakhpur, pending before the Additional Chief Judicial Magistrate (S.D.)/F.T.C., Gorakhpur. Learned counsel for the applicant submitted that similarly situated co-accused had obtained interim orders in connected applications, and that the applicant, chargesheeted and summoned for offences of cheating and criminal breach of trust, was covered by the Supreme Court's ratio in Arshad Neyaz Khan Vs. State of Jharkhand & Another, 2025 Live Law SC 950, and Delhi Race Club (1940) Ltd. & Others vs. State of Uttar Pradesh & another, (2024) 10 SCC 690, that such offences cannot coexist. Finding that the matter required consideration, the Court connected the application with Applications U/s 528 BNSS Nos. 2829, 36467 and 37503 of 2025, issued notice to respondent No.2 returnable at an early date, permitted the opposite parties to file counter affidavits within four weeks and rejoinders within two weeks thereafter, and directed that, till the next date of listing, further proceedings pursuant to the criminal case shall remain stayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44722 of 2025

Kishan Alias Sonu Yadav

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Counsel for Opposite Party(s) :

Court No. - 83

HON'BLE RAJIV LOCHAN SHUKLA, J.

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

Challenge in this Application is to quash the Charge Sheet dated 20.05.2025, Cognizance Order dated 01.07.2025 in Criminal Case No.50497 of 2024 arising out of Case Crime No.456 of 2024 (State Vs. Amarjeet and others) under Sections 316(2), 351(2), 318(4), 338, 336(3), 340, 352, 61(2) B.N.S., Police Station-Sahjanwa, District-Gorakhpur, pending in the court of Additional Chief Judicial Magistrate (S.D.)/F.T.C., Gorakhpur.

Connect alongwith Application U/s 528 BNSS No.2829 of 2025, Application U/s 528 BNSS No.36467 of 2025 and Application U/s 528 BNSS No.37503 of 2025.

Learned counsel for the applicant submits that similarly situated coaccused persons have preferred the above-mentioned applications, in which this Court has been pleased to pass interim orders in favour of the co-accused persons. He submits that the legal issue at hand is the same in the present case, as the applicant has been chargesheeted and summoned for offences of cheating and criminal breach of trust, which cannot coexist as per the ratio laid down by Hon'ble the Supreme Court in the case of Arshad Neyaz Khan Vs. State of Jharkhand & Another reported in 2025 Live Law SC 950 and in Delhi Race Club (1940) Ltd. & Others vs. State of Uttar Pradesh & another reported in (2024) 10 SCC 690.

Matter requires consideration.

Issue notice to respondent No.2, returnable at an early date.

The opposite parties may file counter affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks'

NA528 No. 44722 of 2025

2

thereafter.

List thereafter.

Till the next date of listing, the further proceedings pursuant to the above-mentioned criminal case shall remain stayed.

(Rajiv Lochan Shukla,J.)

December 18, 2025

A. Pandey

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