Ram Niwas vs State of U.P. and Another

Learned counsel for the applicant submits that he has filed the present application under Section 528 BNSS for the following prayer, which has been mentioned in the prayer clause of this application. The prayer clause is delineated below:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Case No.248 of 2024 (State Vs. Ram Niwas) arising out of Crime no.236 of 2023 under section 420, 406, 352, 504, 506 I.P.C., P.S.-Dado, District- Aligarh, pending before the Civil Judge (Senior Division)/A.C.J.M., Atrauli, District- Aligarh as well as to quash the impugned charge sheet dated 14.02.2024 and impugned cognizance order dated 30.08.2024 passed by the Civil Judge (Senior Division)/A.C.J.M., Atrauli, District- Aligarh in the aforementioned case."

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Learned counsel for the applicant submits that the trial court has taken cognizance against the applicant vide order dated 30.08.2024 under Sections 420, 406, 352, 504, 506 IPC in Case Crime No. 236 of 2023. Learned counsel for the applicant further submits that the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Limited and others Vs. State of U.P. and others; 2024 (0) AIR (SC) 4531 , settled the law that criminal proceedings under Sections 406 and 420 IPC cannot be initiated simultaneously, therefore, the cognizance order dated 30.08.2024 taken by the learned Civil Judge (Senior Division)/A.C.J.M., Atrauli, District- Aligarh is not sustainable in law.

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Learned AGA for the State Shri Pankaj Tripathi, submits that as per the

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NA528 No. 6888 of 2025

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2

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judgement of the Hon'ble Supreme Court, only proceeding can be instituted and proceeded under either under Section 420 IPC or under Section 406 IPC as per the fact. He further submits that the trial court may be directed to frame charge either under Section 406 or 420 I.P.C.

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As per the judgment of the Hon'ble Supreme Court in Delhi Race Club (supra) , criminal proceedings cannot be instituted under both the Sections. Therefore, first of all, cognizance is to be taken by the concerned court on the basis of material collected by the Investigating Officer whether offence of Section 420 or 406 IPC is made out.

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In view of the above facts and circumstances, this Court directs the concerned court for taking cognizance in accordance with law, keeping in mind the law laid down by the Hon'ble Supreme Court in Delhi Race Club (supra), for taking cognizance and summoning the accused.

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Accordingly, the cognizance-cum-summoning order dated 30.08.2024 passed by the Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Athrauli, District Aligarh is set aside and the matter is remitted to the court concerned to take fresh cognizance in accordance with law within 30 days from the date of this order.

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The District Judge, Aligarh and the Chief Judicial Magistrate, Aligarh are directed to intimate the law laid down by the Hon'ble Supreme Court in Delhi Race Club (supra) to the other Judicial Magistrates dealing with criminal matters and also intimate the same to the Commissioner of Police and other police authorities during the joint meeting, which is conducted every month in the district so that such illegality may not occur at the stage of lodging of F.I.R., submission of police report as well as taking cognizance by the concerned officer at the appropriate stage.

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The Chief Judicial Magistrate shall intimate the District Judge, Aligarh as well as the Commissioner of Police, Aligarh about this order so that further necessary action may be taken at the district level for ensuring compliance of the order passed by the Hon'ble Supreme Court in the Delhi Race Club (supra) .

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Accordingly, the application is allowed .

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November 18, 2025 Rama Kant

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(Praveen Kumar Giri,J.)

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

Ram Niwas v. State of U.P. and Another

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Ram Niwas v. State of U.P. and Another

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