APPLICATION U/S 528 BNSS No. 14541 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14541 of 2026 Payal Sharma .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Shekhar Sharma Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 66405 of 2024 (State vs. Rajendra Kumar Prajapati and others) arising out of Case Crime no. 577 of 2023, under sections 406, 420 IPC, PS- Tundala, District Firozabad and set aside the cognizance order dated 6.8.2024, charge sheet dated 8.7.2024. 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 Pradesh and another reported in 2024 10 SCC 690. The relevant portion of th