APPLICATION U/S 528 BNSS No. 10747 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10747 of 2026 Mohammad Rafeeq And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anwar Hussain Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 25.11.2024, cognizance and summoning order dated 21.4.2025 passed by the CJM Aligarh as well as entire proceedings of Criminal Case No. 126488 of 2025 (State vs. Mohd Rafeeq and others) arising out of Case Crime No. 394 of 2024, under Sections 406, 420 and 506 IPC, police station Rorawar, district Aligarh. 3. Learned counsel appearing on behalf of applicants 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 vs. State of Uttar Pradesh and anot