APPLICATION U/S 528 BNSS No. 7886 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7886 of 2026 Yogesh Bhadauria .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Aditya Upadhyay, Ambrish Pandey Counsel for Opposite Party(s) : G.A., Poonam Dwivedi, Ramesh Chandra Dwivedi Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant, Sri Ramesh Chandra Dwivedi, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 21.2.2021 and summoning order dated 20.3.2021 passed by learned Judicial Magistrate, Banda along with proceeding of Case no. 1908 of 2021 (State vs. Yogesh Kumar Bhadauria) arising out of Case Crime no. 790 of 2020 under sections 420, 406 IPC, PS- Kotwali Nagar, District Banda. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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