APPLICATION U/S 528 BNSS No. 10735 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10735 of 2026 Sant Kumar Gupta .....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Peeyush Kumar, Ram Chandra 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 chargesheet dated 08.07.2025 and cognizance/summoning order dated 18.07.2025 passed in Criminal Case No.7408 of 2025 (State Vs. Sant Kumar Gupta) arising out of Case Crime no. 805 of 2024, under Sections 318(4), 316(2) BNS, P.S.- Kotwali Orai, District Jalaun, pending in the court of learned Chief Judicial Magistrate, Jalaun at Orai. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order precisely on the ground that Sections 318(4), 316(2) BNS (420 and 406 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 vs. State of Uttar Pradesh and another reported