APPLICATION U/S 528 BNSS No. 14668 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14668 of 2026 Suhail And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Atmaram Nadiwal, Yadvendra Singh 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. 3880 of 2024 (State vs. Suhail and others) arising out of Case Crime no. 258 of 2023, under sections 420, 406, 504, 467, 468, 471, 120B IPC, PS- Kutubsher, District Saharanpur and set aside the cognizance order dated 11.3.2024 passed by learned Chief Judicial Magistrate, Saharanpur and charge sheet dated 13.2.2024. 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. St