APPLICATION U/S 528 BNSS No. 14498 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14498 of 2026 Manish Kaushal And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kamlendra Tripathi 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 22.10.2023 and cognizance/summoning order dated 08.02.2024 as well as entire proceedings of Case No.132 of 2024 (State Vs. Shivakant Tripathi and others), arising out of Case Crime no. 417 of 2022, under Sections 420, 406, 506 IPC, P.S.- Qila, District Bareilly, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Bareilly. 3. Learned counsel appearing on behalf of applicants 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.