APPLICATION U/S 528 BNSS No. 13441 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13441 of 2026 Pratigya Pati Pandey And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Syed Mohd. Khalid 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 has been preferred with the prayer to quash the chargesheet dated 07.12.2022 and cognizance/summoning order dated 08.08.2023 as well as entire proceedings of Case No.4230 of 2023 (State Vs. Pratigyapati and others) arising out of Case Crime no. 254 of 2022, under Sections 419, 420, 406, 504, 506 IPC, P.S.- Atraulia District Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.12, Azamgarh. 3. Learned counsel appearing on behalf of applicants 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