APPLICATION U/S 528 BNSS No. 7909 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7909 of 2026 Mohd. Salman And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Mohd. Aslam 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 Case no. 8074 of 2025 (State vs. Salman and others) arising out of Case Crime no. 67 of 2024 under sections 420, 406, 504, 506, 120B IPC, PS- Janakpuri, District Saharanpur and quash the summoning order dated 18.8.2025 passed by learned Additional Chief Judicial Magistrate, IIIrd , Saharanpur and charge sheet dated 15.6.2025. 3. Learned counsel appearing on behalf of applicant 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 Prade