APPLICATION U/S 528 BNSS No. 10228 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10228 of 2026 Shyam Charan Mishra .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rajesh Dwivedi, Shailendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of Case Crime no. 127 of 2024 under sections 406, 420, 467, 468, 471, 506, 120B IPC, PS- Ecotech-III, District Gautam Buddha Nagar along with charge sheet dated 4.10.2024 and cognizance order dated 7.4.2025. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order and entire proceedings of the present case precisely on the ground that Sections 420 and 406 IPC cannot go together 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 Pradesh and another reported in 2024 10 SCC 690. The relevant portion of the said judgment is being repro