APPLICATION U/S 528 BNSS No. 13841 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13841 of 2026 Waseem Ahmad .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anjani 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 chargesheet dated 24.11.2022, cognizance/summoning order dated 20.01.2023, bailable warrant dated 13.02.2026 as well as entire proceedings of Case No.2442 of 2023 (State Vs. Waseem Ahmad and others), arising out of Case Crime no.1036 of 2022, under Sections 406, 420 IPC, P.S. Quarsi, District- Aligarh, pending in the court of learned Additional Chief Judicial Magistrate 2nd, Aligarh. 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. a