APPLICATION U/S 528 BNSS No. 11370 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11370 of 2026 Sayyad Ashan Ali And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A., Sushil Kumar Tewari Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 09.05.2024 and cognizance/summoning order dated 19.07.2024 as well as entire proceedings of Case No.29103 of 2024 (State Vs. Sayyad Ashan Ali and others), arising out of Case Crime no. 247 of 2023, under Sections 420, 406 IPC, P.S.- Mughalpura, District Moradabad, pending in the court of learned Civil Judge (J.D.)/F.T.C., Moradabad. 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 s