APPLICATION U/S 528 BNSS No. 9027 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9027 of 2026 Shubham Tyagi And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Atul Kumar Kushwaha 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 chargesheet dated 02.09.2025 and cognizance/summoning order dated 08.01.2026 along with entire proceedings of Criminal Case No.315 of 2026 (State Vs. Shubham Tyagi and another) arising out of Case Crime no. 322 of 2025, under Sections 318(4), 316(2) BNS, P.S.- Nai Mandi, District Muzaffarnagar, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order precisely on the ground that Sections 318(4), 316(2) BNS (Sections 420 and 406 in 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 (194