APPLICATION U/S 528 BNSS No. 13548 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13548 of 2026 Manoj Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pradip Kumar Shukla 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 cognizance/summoning order dated 01.02.2024 passed by learned Chief Judicial Magistrate, Kanpur Dehat as well as entire proceedings of Case No.34913 of 2023 (State Vs. Manoj Kumar and others), arising out of Case Crime no.221 of 2023, under Sections 406, 420 IPC, P.S. Shivli, District- Kanpur Dehat. 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 reported in 2024 10 SCC 690. The relev