Vijendra Pratap Singh vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2026)

Vijendra Pratap Singh vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing of the Summoning Order dated 17.01.2020 and the Non-Bailable Warrant order dated 15.11.2024 passed in Case No 3092/2020 (arising out of Case Crime No. 0222/2019), with the matter remanded to the Court concerned to pass a fresh summoning order in the light of Delhi Race Club (1940) Ltd. (supra); the application under Section 482 stands allowed.

Issue for consideration

Whether cognizance taken simultaneously under Section 406 IPC and Section 420 IPC is contrary to the law laid down in Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690. +1 more

Ratio / Principle

The Summoning Order dated 17.01.2020 and the Non-Bailable Warrant order dated 15.11.2024 passed in Case No 3092/2020 (State Vs Girish Shukla & another), arising out of Case Crime No. 0222/2019, are quashed, the Court acting in view of the law laid down in Delhi Race Club (1940) Ltd. (supra) with the broad principles of which counsel for the respondent/informant did not disagree.

Key takeaways

The matter is remanded to the trial Court concerned to pass a fresh summoning order in the light of the judgment in Delhi Race Club (1940) Ltd. (supra).ratio¶17

Detailed headnote1 paragraphs

Criminal quashing — Application u/s 482, High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.) — Summoning Order dated 17.01.2020 and Non-Bailable Warrant order dated 15.11.2024 passed by the Special Chief Judicial Magistrate, Lucknow in Case No 3092/2020 (State Vs Girish Shukla & another), arising out of Case Crime No. 0222/2019 under sections 420, 406, 411 IPC, P.S. Ghazipur, District Lucknow, challenged along with Chargesheet No.01/2019 dated 19.05.2019 — Contention that cognizance was taken simultaneously under Sections 406 and 420 IPC, contrary to the law laid down in Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690 — Learned counsel for the respondent/informant did not disagree with the broad principles in that decision — Impugned orders dated 17.01.2020 and 15.11.2024 quashed — Matter remanded to pass a fresh summoning order in the light of Delhi Race Club (supra) — Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 277 of 2026

Vijendra Pratap Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Pankaj Pandey, Rajesh Kumar Tripathi Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard the counsel for the applicant and the learned AGA

The present application has been filed seeking to quash the Chargesheet No.01/2019 dated 19.05.2019, under sections 420, 406 I.P.C. at Police Station Ghazipur, District Lucknow, as well as Summoning Order dated 17.01.2020, as well as Non-Bailable Warrant order dated 15.11.2024, passed by Learned Special Chief Judicial Magistrate, Lucknow, in Case No 3092/2020, (State Vs Girish Shukla & another), arising out of Case Crime No. 0222/2019, under sections 420, 406, 411 I.P.C., P.S. Ghazipur, District Lucknow.

Neat contention of learned counsel for the applicant is that cognizance has been taken simultaneously under Section 406 IPC and Section 420 IPC which is contrary to the law as laid down in the case of Delhi Race Club (1940) Ltd. & Ors. v. State of U.P. & Anr.; (2024) 10 SCC 690.

4. Learned counsel for the respondent/informant does not disagree with the broad principles laid down in the case of Delhi Race Club (1940) Ltd. (supra).

5. In view thereof, impugned order dated 17.01.2020 and 15.11.2024 passed in Case No 3092/2020, (State Vs Girish Shukla & another), arising out of Case Crime No. 0222/2019, under sections 420, 406, 411 I.P.C., P.S. Ghazipur, District Lucknow is quashed.

A482 No. 277 of 2026

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5. Matter is remanded to the Court concerned to pass fresh summoning order in the light of the judgment in the case of Delhi Race Club (1940) Ltd. (supra).

6. Present application stands allowed in above terms.

(Pankaj Bhatia,J.)

February 12, 2026

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench