APPLICATION U/S 528 BNSS No. 10292 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10292 of 2026 Aniket Pratap Singh @ Aniket @ Tunnu .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jai Prakash Prasad, Pushkar Nath Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 2549 of 2024 (State vs. Aniket @ Tunnu) under sections 406, 420 IPC, PS- Kuber Asthan, District Kushinagar and set aside the cognizance order dated 20.4.2024 passed by learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Kasiya, Kushinagar and charge sheet dated 26.5.2023. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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