APPLICATION U/S 528 BNSS No. 14627 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14627 of 2026 Shambhu Dayal Swarnkar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Nagesh Dwivedi, Vinod Kumar 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 entire proceeding of Case no. 35957 of 2019 (State vs. Shambhu Dayal Swarnkar) arising out of Case Crime no. 0220 of 2018 under sections 420, 406 IPC, PS- Kotwali, District Kanpur Shahar and quash the cognizance order dated 5.9.2019 and summoning order dated 23.06.2025 passed by learned Chief Judicial Magistrate, Kanpur Nagar and charge sheet dated 31.3.2019. 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. and othe