IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ SLP(CRL.) No.16073/2025)

M/S SADBHAV ENGINEERING LTD. APPELLANT(S)

VERSUS STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard the learned counsel appearing for the parties. 3. On a perusal of the impugned order, we are in agreement with the decision of the High Court on the legal issue, that proceedings for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (in short, ‘the IPC’) cannot be sustained simultaneously. However, we do not agree with the ultimate conclusion arrived at by the High Court wherein liberty has been given to the appellant to file an application before the Trial Court seeking discharge. The said conclusion cannot be sustained in the eye of law.

Signature Not Verified S D W ate E : T 2 A 0 2 B 5 A . L 1 O 1. D 15 I 4. We only clarify that the Trial Court shall decide as

13:00:37 IST Reason:

to whether the offence, either under Section 420 or under Section 406 of the IPC, if any, is made out.

5. Accordingly, the impugned order to the aforesaid extent and the cognizance and summoning order dated

11.02.2025, stand set aside.

6. If the parties are aggrieved by the said order to be passed by the Trial Court, including the reiteration of the offences as indicated in the charge sheet, liberty is granted to them to approach the High Court once again, particularly since the High Court has not considered the other issues raised.

7. Accordingly, the appeal stands disposed of.

8. Pending application(s), if any, shall also stand disposed of.

[M.M. SUNDRESH]

[SATISH CHANDRA SHARMA]

NEW DELHI;

3^rd NOVEMBER, 2025

ITEM NO.42 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 16073/2025 [Arising out of impugned final judgment and order dated 25-08-2025 in A528BNSS No. 10517/2025 passed by the High Court of Judicature at Allahabad]

M/S SADBHAV ENGINEERING LTD. Petitioner(s)

VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s)

FOR ADMISSION IA No. 257481/2025 - EXEMPTION FROM FILING O.T.

IA No. 257482/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 03-11-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Navin Pahwa, Sr. Adv.

Mr. Ravi Pahwa, Adv.

Ms. Iyer Shruti Gopal, Adv.

Mr. Anandh K, AOR For Respondent(s) Ms. Menaka Guruswamy, Sr. Adv.

Ms. Bhumika Yadav, Adv.

Mr. Bhoop Singh, Adv.

Mr. Niranjan Sahu, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(SWETA BALODI) (POONAM VAID)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)