APPLICATION U/S 528 BNSS No. 13695 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13695 of 2026 Brajesh Maurya And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Dewarshi Kumar Rai, Rohit Kumar Nishad 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 13.01.2025 and cognizance/summoning order dated 19.03.2025 along with entire proceedings of Case No.3507 of 2025 (State Vs. Rajesh Maurya) arising out of Case Crime no. 03 of 2025, under Sections 406, 420, 504, 506 IPC, P.S.- Sultanpur Ghosh, District Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Fatehpur. 3. Learned counsel appearing on behalf of applicants 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