APPLICATION U/S 528 BNSS No. 14913 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14913 of 2026 Nitesh Chaurasiya And 3 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Surya Bhan Dubey Counsel for Opposite Party(s) : Anubhav Shukla, 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 17.08.2017 and cognizance/summoning order dated 29.05.2020 as well as entire proceedings of Case No.6289 of 2020 (State Vs. Nitesh Chaurasiya and others), arising out of Case Crime no. 56 of 2017, under Sections 406, 417, 420 IPC, P.S.- Sigra, District Varanasi, pending in the court of learned Chief Judicial Magistrate, Varanasi. 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 oth