APPLICATION U/S 528 BNSS No. 11623 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11623 of 2026 Chandra Prakash .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kunal Singh, Lavkush Dixit Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 1248 of 2021 (State vs. Chandra Prakash) under sections 420, 406 IPC, PS- Subhash Nagar, District Bareilly and set aside the cognizance order dated 17.8.2021 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Bareilly and charge sheet dated 20.3.2020. 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 reported in 2024 10 SCC