APPLICATION U/S 528 BNSS No. 12294 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12294 of 2026 Mohit Jain And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri N.I.Jafri, learned Senior Counsel assisted by Sri Ankit Srivastava, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of Case no. 5131 of 2024 (State vs. Mohit Jain and another) arising out of Case Crime no. 554 of 2023 under sections 420, 406, 506 IPC, PS- Nandgram, District Ghaziabad and quash the summoning order dated 14.11.2024 passed by learned Additional Civil Judge (Senior Division), Court no. 6/Additional Chief Judicial Magistrate, Ghaziabad. 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