Tabassum Parveen vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2026)

Tabassum Parveen vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Notice issued to opposite party no. 2; case connected with Application U/S 482 No. 8523 of 2025 and directed to be listed on July 16, 2026 along with compliance report, objections to be filed in the meantime; interim stay of proceedings in criminal case No. 37676 of 2019 till next date of listing.

Issue for consideration

Whether the proceedings in criminal case No. 37676 of 2019 (arising out of case crime No. 398 of 2019, under sections 420, 406 IPC) should be interfered with where the charge sheet and cognizance cover both sections but the summoning order does not advert to how both sections would be attributable to the applicant, who claims to be only a Relationship Manager.

Court's answer

The charge sheet has been filed under both sections 420 and 406 IPC and cognizance has been taken on both; however, the summoning order dated February 21, 2022 was passed in a cursory manner without adverting to the aspects as to how both sections would be attributable.

Ratio / Principle

Prima facie, the submissions advanced by learned counsel for the petitioner have force and require consideration.

Key takeaways

As an interim measure, till the next date of listing, the proceedings of criminal case No. 37676 of 2019 arising out of case crime No. 398 of 2019, under sections 420, 406 IPC, P.S. Gazipur, District Lucknow shall remain stayed.ratio¶23

Detailed headnote1 paragraphs

Criminal Procedure — S.482 Cr.P.C./528 BNSS — Application concerning criminal case No. 37676 of 2019 arising out of case crime No. 398 of 2019, under sections 420, 406 IPC, P.S. Gazipur, District Lucknow — FIR alleging fraudulent inducement to invest in R Sons Infra Land Developers Private Limited for purchase of a plot, with sale deed not executed despite payment — Applicant claims she is only a Relationship Manager and no promise or inducement is attributed to her — Charge sheet filed under both Sections 406 and 420 IPC and cognizance taken on both — Summoning order dated February 21, 2022 observed to have been passed in a cursory manner without adverting to how both sections would be attributable — Court perused Supreme Court judgment in Delhi Race Club Limited vs. State of UP and another, Criminal Appeal Number 3114 of 2024 — Prima facie submissions of petitioner held to have force and require consideration — Notice issued to opposite party no. 2; case connected with Application U/S 482 No. 8523 of 2025 and listed for July 16, 2026 with compliance report — Proceedings of the criminal case stayed till next date of listing. (Interim order; no final merits determination.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 4509 of 2026

Tabassum Parveen

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Sanket Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned AGA for opposite party number one - State.

Issue notice to opposite party number two.

Petition under Section 482 Cr.P.C./528 BNSS has been filed with regard to criminal case No. 37676 of 2019 arising out of case crime No. 398 of 2019, under sections 420, 406 IPC, P.S. Gazipur, District Lucknow.

As per contents of FIR, the complainant was fraudulently induced to invest a substantial amount of money in the R Sons Infra Land Developers Private Limited for purposes of purchase of a plot. Allegation levelled is that despite the fact that application was made on January 4, 2010 and the entire payment was also given on August 16, 2016, the sale deed was not executed by the Directors of the Company.

Learned counsel for petitioner submits that she has been falsely implicated in the allegations levelled in the FIR and that she is only a Relationship Manager in the aforesaid firm. He has adverted to the contents of FIR as well as statement of the complainant which was recorded to submit that there is no allegation that the applicant had ever made any promise or inducement to the complainant He has also adverted to the fact that charge sheet has subsequently been filed under Sections 406 and 420 IPC. He has adverted to the judgment rendered by Supreme Court in the case of Delhi Race Club Limited vs. State of UP and another, Criminal Appeal Number 3114 of 2024 to submit that it has been held that cognizance cannot be taken on both the sections since they pertained to different aspects. It is submitted that the appellant had earlier filed application under Section 482 Cr.P.C. bearing number 8523 of 2025 pertaining to another FIR with regard to same allegations and has been granted indulgence by this court vide order dated October 13, 2025.

Learned AGA has opposed the petition with submission that it is upon investigation

A482 No. 4509 of 2026

2

and looking into the complicity of the applicant that charge sheet has been filed against her with regard to both the sections which have been made out.

Considering submissions advanced by learned counsel for parties and upon perusal of the judgment rendered by the Supreme Court in the case of Delhi Race Club (supra), it appears that the charge sheet has been filed under both the sections being 420 and 406 IPC and cognizance has also been taken with regard to same. A perusal of the summoning order dated February 21, 2022, however, also indicates that the order has been passed in a cursory manner without adverting to the aspects as to how both sections would be attributable.

Prima facie submissions advanced by learned counsel for the petitioner have force and require consideration.

Connect and list this case along with Application U/S 482 No. 8523 of 2025 on July 16, 2026, along with the compliance report. Objections to be filed in the meantime.

Till next date of listing, proceedings of criminal case No. 37676 of 2019 arising out of case crime No. 398 of 2019, under sections 420, 406 IPC, P.S. Gazipur, District Lucknow shall remain stayed.

May 26, 2026 prabhat

(Manish Mathur,J.)

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench