APPLICATION U/S 528 BNSS No. 15145 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15145 of 2026 Khalid Ali And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Shahnawaz Akhtar Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 29.01.2026 and cognizance/summoning order dated 09.03.2026 along with entire proceedings of Criminal Case No.12854 of 2026 (State Vs. Khalid and others) arising out of Case Crime no. 523 of 2025, under Sections 420, 406, 506 IPC, P.S.- Civil Lines, District Budaun, pending in the court of learned Chief Judicial Magistrate, Budaun. 3. Learned counsel appearing on behalf of applicants has challenged the impugned chargesheet along with cognizance/summoning order 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 reported in 2024 10