APPLICATION U/S 528 BNSS No. 13861 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13861 of 2026 Om Prakash And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Brahma Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 7734/9 of 2024 (State vs. Om Prakash and others) arising out of Case Crime no. 554 of 2023 under sections 420, 406 IPC, PS- Nai Mandi, District Muzaffar Nagar and charge sheet dated 14.1.2024, cognizance order dated 6.4.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Muzaffar Nagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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 Pra