APPLICATION U/S 528 BNSS No. 14708 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14708 of 2026 Shahid Ali And Another .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Arvind Kumar Sahu Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 16.04.2024 and cognizance/summoning order dated 22.05.2025 passed by learned Judicial Magistrate, Court No.2, Bareilly as well as entire proceedings of Case No.844 of 2025 (State vs. Shahid Ali and Others) arising out of Case Crime No.330 of 2023, under Sections 406, 420, 506 IPC, P.S. Cantt, District- Bareilly. 3. Learned counsel appearing on behalf of applicants 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 rep