APPLICATION U/S 528 BNSS No. 10804 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10804 of 2026 Ritik Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Suneel Kumar 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 charge sheet dated 27.7.2020, cognizance/summoning order dated 16.2.2021 passed by Additional Chief Judicial Magistrate, court No. 1 Moradabad as well as entire proceedings of Case No. 23966 of 2021 (State vs. Rishabh Kumar Gupta and others) arising out of Case Crime No. 320 of 2019, under Sections 420, 406, 504 and 506 IPC, police station Mainather, district Moradabad pending in the court of ACJM, court No. 5, Moradabad. 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 by Hon'ble Supreme Court in the case o