APPLICATION U/S 528 BNSS No. 12840 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12840 of 2026 Deena Nath Prajapati .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pramod 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 AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 30.04.2024, cognizance/summoning order dated 24.05.2024 as well as entire proceedings of Case No.22832 of 2024 (State Vs. Kamlesh Yadav and others), arising out of Case Crime no.185 of 2023, under Sections 406, 420 IPC, P.S. AIIMS, District- Gorakhpur, pending in the court of learned Chief Judicial Magistrate, Gorakhpur. 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 an