APPLICATION U/S 528 BNSS No. 9267 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9267 of 2026 Ranvijay Yadav Alias Mulayam Yadav .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Amit Kumar Yadav, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 22.08.2023 and cognizance/summoning order dated 25.09.2023 as well as entire proceedings of Case No.19242 of 2024 (State Vs. Braj Kumar Yadav and others), arising out of Case Crime no.06 of 2023, under Sections 406, 420 IPC, P.S. Gagaha, District- Gorakhpur, pending in the court of learned Additional Civil Judge (J.D.), Court No.4, Gorakhpur. 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 C