APPLICATION U/S 528 BNSS No. 13032 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13032 of 2026 Piysuh Verma .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Akhilesh Tripathi, Suryank Tripathi 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 cognizance/summoning order dated 12.01.2024 passed by learned Chief Judicial Magistrate, Budaun and entire proceedings of Case No.2390 of 2024 (State Vs. Sharad Gupta and Others) arising out of Case Crime no.425 of 2023, under Sections 406, 420 IPC, P.S. Civil Lines, District- Budaun. 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 2024 10 SCC 690. The rel