Allahabad High Court
/9914/2025 of JAY SHANKAR SHUKLA Vs STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER on 12 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9914 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed for quashing the entire
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 9914 of 2025
Court No. - 14
HON'BLE RAJEEV SINGH, J.
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1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This application has been filed for quashing the entire criminal proceeding of Special Sessions Trial No.504/2025 arising out of Case Crime No.0151 of 2024 under Sections 504, 506, 419, 420, 406 I.P.C. and Section 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station - Dalmau, District - Raebareli.
3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case, but the Investigating Officer submitted the charge sheet under Sections 406, 420 I.P.C. in mechanical manner. It is further submitted that the trial court has also wrongly taken cognizance on the same and summoned the applicant vide impugned order. It is vehemently submitted that the trial for the offence of cheating as well as criminal breach of trust cannot run together. Reliance in support of his argument has been placed by the learned counsel for the applicant on the decision of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of U.P. & Anr., (Criminal Appeal No. 3114 of 2024). It is, thus, submitted that the indulgence of this Court is necessary.
4. Learned A.G.A. opposes the prayer of the applicant and submits there is no illegality in the order passed by the trial court. However, Versus Counsel for Applicant(s) : Shishir Pradhan Counsel for Opposite Party(s) : G.A. Jay Shankar Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
he does not dispute on the legal pronouncement of the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. (supra).
5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the charge sheet was filed by the Investigating Officer for the offences under Section 406, 420 I.P.C. Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. (supra) has categorically laid down that the trial for the offences of cheating as well as criminal breach of trust cannot run together.
6. In view of above facts and circumstances, this Court is of the view that the impugned summoning order is liable to be set aside and, therefore, summoning order dated 26.3.2025 is hereby quashed.
7. The application stands allowed.
8. Trial court is directed to pass fresh orders in the matter in the light of the law laid down in the case of Delhi Race Club (1940) Ltd. (supra), within a period of one month from the date of production of a certified copy of this order. December 12, 2025 GauraV/- A482 No. 9914 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench