APPLICATION U/S 528 BNSS No. 10279 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10279 of 2026 Ali Ahamad And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anoop Kumar 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 chargesheet dated 10.03.2025 and cognizance/summoning order dated 08.04.2025 along with entire proceedings of Criminal Case No.110424 of 2025 (State Vs. Ali Ahmad) arising out of Case Crime no. 35 of 2025, under Sections 316(2), 319(2), 318(4) BNS, P.S.- Parasrampur, District Basti, pending in the court of learned Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Court No.8, Basti. 3. Learned counsel appearing on behalf of applicants has challenged the impugned chargesheet along with cognizance/summoning order precisely on the ground that Sections 316(2), 318(4) BNS (406 and 420 in 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