APPLICATION U/S 528 BNSS No. 13387 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13387 of 2026 Vikas Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pawan Singh Pundir 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 entire proceeding of Case no. 3229 of 2025 (State vs. Vikas Gupta) arising out of Case Crime no. 17 of 2025 under sections 406, 420, 504, 506 IPC, PS- Kareli, District Allahabad and quash the summoning order dated 13.8.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 7, Prayagraj and charge sheet dated 28.5.2025. 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 rep