Hon'ble Manish Kumar,J.

1.Heard learned counsel for the applicants and learned A.G.A. as well as perused the record.

2. The present application under Section 482 Cr.P.C has been preferred with a prayer to quash the proceedings of Criminal Case No.4771 of 2022 ( State Vs. Shalini Lal and another) under Sections 406 and 420 IPC , pending before learned Special Chief Judicial Magistrate ( Custom) Lucknow arising out of FIR No. 666 of 2019, P.S. Gazipur, District Lucknow.

3. The brief Facts of the case are that an FIR dated 06.08.2019 has been lodged by respondent no.2 against the applicant alongwith other accused persons pertaining to the dispute regarding sale and payment of a Flat. The police after investigation has filed charge-sheet under sections 406 and 420 IPC . The court concerned has taken cognizance and issued summon against the applicants without application of mind

4. Learned counsel for the applicant has submitted that the charge sheet against the applicants has been filed under Section 406 and 420 IPC , which cannot go in the same breath as per the proposition of law settled by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pr