APPLICATION U/S 528 BNSS No. 13267 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13267 of 2026 Amar Majhi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jitendra Kumar 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 08.05.2025 and cognizance/summoning order dated 29.11.2025 passed in Case No.71 of 2024 (State Vs. Yaswant) arising out of Case Crime no. 183 of 2023, under Sections 420, 406 IPC, P.S.- Niwari, District Ghaziabad, pending in the court of learned Additional Civil Judge (J.D.)Judicial Magistrate, Court No.3, Ghaziabad. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order 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 relevant portion o