APPLICATION U/S 528 BNSS No. 14532 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14532 of 2026 Akshay Kumar Patel .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anant Agarwal, Raghvendra Pratap 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 6.4.2025 and cognizance/summoning order dated 20.1.2026 as well as entire proceedings of Case no. 1760 of 2026 (State of U.P. vs. Akshay Kumar Patel) arising out of Case Crime no. 412 of 2024, under Sections 318(4), 316(2), 352, 351(2) BNS, P.S.- Cholapur, District Varanasi. 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 (i.e. section 318(4) and 316(2) BNS) 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