Chandra Shekhar Rastogi vs State of U.P. Thru. Addl… — Cheating and Forgery | Allahabad HC (2026)

Chandra Shekhar Rastogi vs State of U.P. Thru. Addl… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Impugned summoning order dated 12.09.2022 and impugned revisional order dated 06.01.2024 set aside; matter remitted to the Magistrate to pass a fresh order in the light of the cited judgment.

Issue for consideration

Whether the proceeding against the applicant under Sections 406 and 420 IPC can go simultaneously, and whether the summoning order dated 12.09.2022 and the revisional order dated 06.01.2024 should therefore be set aside.

Court's answer

On the undisputed position, adopting the Supreme Court judgment in Delhi Race Club (1940) Ltd. v. State of U.P. relied on by the applicant, that a proceeding under Sections 406 and 420 IPC cannot go simultaneously, the Court set aside the impugned summoning order dated 12.09.2022 and the impugned revisional order dated 06.01.2024.

Ratio / Principle

The matter was remitted to the Magistrate to pass a fresh order in the light of the cited Supreme Court judgment.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 15 — Brij Raj Singh, J. Application under Section 482 (No. 2830 of 2024) by Chandra Shekhar Rastogi challenging (i) the summoning order dated 12.09.2022 of the Chief Judicial Magistrate-III, Court No. 13, Raebareli in Complaint Case No. 18804 of 2021 (Basant Lal Tewari v. Proprietor Chandra Shekhar Rastogi) and (ii) the revisional order dated 06.01.2024 of the Additional Session Judge/Fast Track Court-I, Raebareli in Criminal Revision No. 301 of 2022. Sole ground urged: the proceeding under Sections 406 and 420 IPC cannot go simultaneously, supported by reliance on Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690; the State (Sri Rao Narendra Singh, learned A.G.A.-I) and opposite party no. 2 (Ms. Suman Lata) did not dispute the factual-legal position. Held: application partly allowed; both impugned orders set aside; matter remitted to the Magistrate to pass a fresh order in the light of the cited judgment. Decided April 7, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2830 of 2024

Chandra Shekhar Rastogi

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Kumar Counsel for Opposite Party(s) : G.A., Suman Lata

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard Sri Pankaj Kumar, learned counsel for the applicant and Sri Rao Narendra Singh, learned A.G.A.-I for the State and Ms. Suman Lata, learned counsel for the opposite party no.2.

By means of this application, the applicant has sought setting aside of the impugned summoning order dated 12.09.2022 passed by Chief Judicial Magistrate-III, Court No.13, Raebareli (in short "Magistrate") in Complaint Case No.18804 of 2021 (Basant Lal Tewari v. Proprietor Chandra Shekhar Rastogi) and the impugned revisional order dated 06.01.2024 passed by Additional Session Judge/Fast Track Court-I, Raebareli (in short "revisional Court") in Criminal Revision No.301 of 2022 Chandra Shekhar Rastogi Vs. Basant Lal Tewari and Another).

The sole ground taken by the applicant's counsel is that the proceeding under Section 406 and 420 I.P.C. cannot go simultaneously. In support of his contention, the learned counsel for the applicant has placed reliance on a judgment of Hon'ble the Supreme Court in the case of Delhi Race Club (1940) Ltd. & ors. v. State of U.P. & Anr., (2024) 10 SCC 690 .

Sri Rao Narendra Singh, learned A.G.A.-I for the State and Ms. Suman Lata, learned counsel for the opposite party no.2 could not dispute the aforesaid factual-legal position.

In view of the aforesaid, the application is partly allowed . The

A482 No. 2830 of 2024

2

impugned summoning order dated 12.09.2022 passed by the Magistrate and the impugned revisional order dated 06.01.2024 passed by the revisional Court are hereby set aside.

Matter is remitted to the Magistrate to pass fresh order in the light of the judgment cited above.

(Brij Raj Singh,J.)

April 7, 2026 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench