APPLICATION U/S 528 BNSS No. 10848 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10848 of 2026 Subhash Mittal .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sushil Kumar Pandey 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 14.10.2019 and cognizance/summoning order dated 15.01.2022 as well as entire proceedings of Criminal Case No.267 of 2022 (State Vs. Subhash Mittal and Another) arising out of Case Crime no.150 of 2019, under Sections 406, 420, 506 IPC, P.S. Baherhi, District- Bareilly, pending in the court of learned Judicial Magistrate, Baherhi, Bareilly. 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 of Delhi Race Club (1940) Ltd. and others vs. State of Ut