APPLICATION U/S 528 BNSS No. 10453 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10453 of 2026 Mandhata Pandey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sudarshan Singh, Vivek Singh Counsel for Opposite Party(s) : Brijesh Kumar, G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Vive Singh, learned counsel for applicant, Sri Brijesh Kumar, learned counsel for the opposite party No.2 and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the cognizance/summoning order dated 21.08.2024 as well as entire proceedings of Case No.10801 of 2024 (State Vs. Shashi Kant Pandey @ Sonu and others), arising out of Case Crime no. 230 of 2024, under Sections 420, 406 IPC, P.S.- Ahraula, District Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh. 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 b