The Argentine forward was in line to receive a ban for a two footed lunge on the Chelsea player at the weekend.
However the referee of the FA Cup semi final, Chris Foy, saw the incident, and therefore the FA is unable to act further.
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Since Guus Hiddink arrived at the helm, Chelsea have improved considerably after a tricky start to the campaign.
Newcastle United are staring down the barrel of relegation to the Championship for the second time in the past eight years.