APPLICATION U/S 528 BNSS No. 14950 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14950 of 2026 Girija Shankar Ray .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Aravind Kumar, Virendra Pratap 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 28.06.2020 and cognizance/summoning order dated 27.08.2020 as well as entire proceedings of Case No.11634 of 2020 (State Vs. Girija Shankar Ray and others), arising out of Case Crime no. 611 of 2019, under Sections 417, 420, 406 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 others vs. Sta