APPLICATION U/S 528 BNSS No. 14703 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14703 of 2026 Kalua .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kamal Singh 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 04.12.2021 and cognizance/summoning order dated 25.01.2022 as well as entire proceedings of Case No.127 of 2022 (State Vs. Kalua), arising out of Case Crime no. 704 of 2021, under Sections 406, 420, 411 of IPC, P.S.- Kotwali Orai, District Jalaun, pending in the court of learned Additional Civil Judge (J.D.)-I Jalaun at Orai. 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 others vs. State of Uttar Pradesh and another reporte