APPLICATION U/S 528 BNSS No. 11332 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11332 of 2026 Manish Tiwari @ Manish Tripathi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kiran Yadav, Sanjay Kumar Yadav 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 12.08.2018 and cognizance/summoning order dated 04.01.2019 as well as entire proceedings of Case No.208 of 2019 (State Vs. Manish Tiwari and others), arising out of Case Crime no.26 of 2018, under Sections 419, 420, 406, 467, 468, 471 IPC, P.S. Rani Ki Sarai, District- Azamgarh, pending in the court of learned Judicial Magistrate, Azamgarh. 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) L