APPLICATION U/S 528 BNSS No. 13401 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13401 of 2026 Rakesh Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Amar Nath Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant who preferred supplementary affidavit which is taken on record and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 9903 of 2024 (State vs. Rakesh Kumar) arising out of Case Crime no. 0592 of 2023, under sections 420, 406 IPC, PS- Kotwali Nagar, District Muzaffarnagar and set aside the cognizance order dated 15.5.2024 passed by learned Chief Judicial Magistrate, Muzaffarnagar and charge sheet dated 26.1.2024. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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