APPLICATION U/S 528 BNSS No. 13287 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13287 of 2026 Mohammad Imran And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Akhand Pratap Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application under Section 528 BNSS has been preferred with the prayer to quash the chargesheet no.02/2025, cognizance/summoning order dated 25.07.2025 and order of issuing bailable warrant dated 06.01.2026 along with entire proceedings of Criminal Case No.17860 of 2025 (State Vs. Imran and two others) arising out of Case Crime no. 711 of 2024, under Sections 406, 420, 506 IPC, P.S.- Hapur Nagar, District Hapur, pending in the court of learned Chief Judicial Magistrate, Hapur. 3. Learned counsel appearing on behalf of applicants 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 (1