APPLICATION U/S 528 BNSS No. 7591 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7591 of 2026 Prem Chandra Kesarwani And 2 Others .....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : P.H. Vashishtha 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 entire proceeding of Misc. Case no. 2228 of 2025 (State vs. Prem Chandra Kesarwanni and others) arising out of Case Crime no. 637 of 2023 under sections 420, 406 IPC, PS- Kotwali, District Fatehpur along with charge sheet dated 13.9.2024 and summoning order dated 11.12.2025 passed by learned Chief Judicial Magistrate, Fatehpur. 3. Learned counsel appearing on behalf of applicants 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. State of Uttar Pradesh