APPLICATION U/S 528 BNSS No. 11338 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11338 of 2026 Akbar And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashish Srivastava, Mishra Vikas Kumar Prabhunath Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 13.03.2021 and cognizance/summoning order dated 04.01.2022 as well as entire proceedings of Case No.44 of 2022, arising out of Case Crime no.116 of 2021, under Sections 406, 420, 507 IPC, P.S. Baghpat, District- Baghpat, pending in the court of learned Chief Judicial Magistrate, Baghpat. 3. Learned counsel appearing on behalf of applicants 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 Uttar Pradesh and ano