APPLICATION U/S 528 BNSS No. 16390 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16390 of 2026 Manoj Kumar @ Manoj Tongad And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Bhanu Pratap Singh Kachhawah, Rishabh Pratap Singh Kachhawah 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 02.12.2025 and cognizance/summoning order dated 22.01.2026 along with entire proceedings of Case No.6038 of 2026, arising out of Case Crime no.663 of 2025, under Sections 406, 420, 504, 506 IPC, P.S.- Surajpur, District Gautam Budha Nagar, pending in the court of learned Additional Chief Judicial Magistrate-II, Gautam Budha Nagar. 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 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