APPLICATION U/S 528 BNSS No. 13365 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13365 of 2026 Dileep Kumar Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Sengar 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 charge-sheet dated 31.12.2020 and cognizance/summoning order dated 07.04.2021 as well as entire proceedings of Case No.962 of 2021 (State Vs. Dileep Kumar Gupta and Another) arising out of Case Crime no.908 of 2020, under Sections 406, 420 IPC, P.S. Kotwali Orai, District- Jalaun, pending in the court of learned Chief Judicial Magistrate, Jalaun. 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