APPLICATION U/S 528 BNSS No. 10237 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10237 of 2026 Jakir Khan And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sanjay Mishra Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the cognizance/summoning order dated 9.1.2026 passed by learned Civil Judge (Junior Division), Court no. 3, Aligarh as well as entire proceedings of Case no. 553 of 2026 (State of U.P. vs. Jakir Khan and others) arising out of Case Crime no. 0082 of 2025, under Sections 318(4), 316(2) BNS, P.S.- Chandaus, District Aligarh. 3. Learned counsel appearing on behalf of applicants 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 (i.e. section 318(4) and 316(2) BNS) 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