APPLICATION U/S 528 BNSS No. 14933 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14933 of 2026 Kamal Bhardwaj .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Tiwari Abhishek Rajesh 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 19.02.2025 and cognizance/summoning order dated 24.07.2025 along with entire proceedings of Case No.2883 of 2025, arising out of Case Crime no. 1255 of 2024, under Sections 318(4), 316(2), 351(2) BNS P.S.- Kavi Nagar, District Ghaziabad, pending in the court of learned Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order precisely on the ground that Sections 420 and 406 IPC (Section 318(4) and 316 of BNS) 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 reported in 2024 1