APPLICATION U/S 528 BNSS No. 12648 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12648 of 2026 Vikrant Upadhyay .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Raj Kumar Pandey, Sandeep Kumar Dubey Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 28.03.2025 and cognizance/summoning order dated 02.12.2025 as well as entire proceedings of Criminal Case No.78228 of 2025 (State vs. Vikrant Upadhyay) arising out of Case Crime No.31 of 2025, under Sections 406, 420 IPC, P.S. Pipiganj, District- Gorakhpur, pending in the court of learned Additional Civil Judge (J.D.), Court No.2, Gorakhpur. 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.