APPLICATION U/S 528 BNSS No. 9257 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9257 of 2026 Khizar Gaus .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 21.10.2024 and cognizance/summoning order dated 07.01.2025 passed by learned Judicial Magistrate, Najibabad, Bijnor as well as entire proceedings of Criminal Case No.3107 of 2025 (State vs. Khizar Gaus) arising out of Case Crime No.317 of 2024, under Sections 406, 420, 504, 506 IPC, P.S. Najibabad, District- Bijnor. 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 case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another