APPLICATION U/S 528 BNSS No. 11454 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11454 of 2026 Smt Aneesa Fatma @ Anees Fatma And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Arpit Srivastava, Ritvik Srivastava 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 cognizance/summoning order dated 07.10.2025 along with entire proceedings of case arising out of Case Crime no. 394 of 2024, under Sections 406, 420 IPC, P.S.- Phoolpur, District Prayagraj, pending in the court of learned Judicial Magistrate-4, Prayagraj. 3. Learned counsel appearing on behalf of applicants has challenged the impugned cognizance/summoning order 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 reported in 2024 10 SCC 690. The relevant portion of the said judgment is being reproduced hereinbe