APPLICATION U/S 528 BNSS No. 11253 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11253 of 2026 Rachit Wadhwa And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Brij Kishor Singh, Sandeep Kumar Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 2359 of 2020 arising out of Case Crime no. 0932 of 2018 under sections 406, 407, 420 IPC, PS- Kotwali Orai, District Jalaun and charge sheet dated 8.8.2019 and 06.06.2020 along with summoning order dated 17.10.2020 passed by learned Chief Judicial Magistrate, Jalaun at Orai. 3. Learned counsel appearing on behalf of applicant 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 another