APPLICATION U/S 528 BNSS No. 16461 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16461 of 2026 Shahzad .....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Rukme Alam, Rupesh Kumar Singh 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 19.06.2024 and cognizance/summoning order dated 28.08.2024 under Sections 406, 420 IPC, along with entire proceedings of Case No.32688 of 2024, arising out of Case Crime no.171 of 2024, under Sections 406 IPC, P.S.- Mudapandey, District Moradabad, pending in the court of learned Chief Judicial Magistrate Moradabad. 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. State of Uttar Pradesh and another reported in 2024 10 SCC 690. The releva