APPLICATION U/S 528 BNSS No. 10503 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10503 of 2026 Anil Chaudhari .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashish Mishra, Deepanshu Jadon 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 cognizance/summoning order dated 30.09.2024 along with entire proceedings of Case No.20039 of 2024 (State Vs. Anil Kumar Chaudhari and others) arising out of Case Crime no. 162 of 2023, under Sections 406, 420, 504, 506, 467, 468, 471 IPC, P.S.- Nai Mandi, District Muzaffar Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, District Muzaffar Nagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order 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