APPLICATION U/S 528 BNSS No. 12134 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12134 of 2026 Kiran Devi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Vinod Kumar Tiwari 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 13.12.2021, cognizance/summoning order dated 23.03.2022 as well as entire proceedings of Case No.1413 of 2022 (State Vs. Kiran Devi) arising out of Case Crime no.159 of 2021, under Sections 419, 406, 420 IPC, P.S. Kotwali Nagar, District- Banda, pending in the court of learned Chief Judicial Magistrate, Banda. 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) Ltd. and others vs. State of Uttar Pradesh and another reported in