APPLICATION U/S 528 BNSS No. 10693 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10693 of 2026 Farukh .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Kumar Mishra 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 order dated 7.9.2021 passed by Civil Judge (Junior Divison)/Judicial Magistrate, -Ist Clas, Budhana, Muzaffarnagar as well as entire proceedings of Case No. 44/9/2016 (State vs. Farukha) arising out of Case Crime No. 508 of 2013, under Sectins 420, 406, 506 IPC, police station Budhana, district Muzaffarnagar pending in the court of Civil Judge, (Junior Divison)/Judicial Magistrae-Ist Class, Budahna, Muzaffarnagar. 3. Learned counsel appearing on behalf of applicant has challenged the order dated 7.9.2021 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 vs.