APPLICATION U/S 528 BNSS No. 13445 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13445 of 2026 Ritu Bhardwaj And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Indu Prakash Singh, Mohit Verma 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 17.03.2025 and cognizance/summoning order dated 17.09.2025 along with entire proceedings of Case No.91613 of 2025 (State Vs. Sunita and others) arising out of Case Crime no. 136 of 2024, under Sections 420, 406, 120B IPC P.S.- Indirapuram, District- Ghaziabad. 3. Learned counsel appearing on behalf of applicant 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 (1940) Ltd. and others vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690. The relevant portion of the said judgment is be