APPLICATION U/S 528 BNSS No. 9299 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9299 of 2026 Neeraj Kumar And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Mohd Imran Khan Counsel for Opposite Party(s) : G.A., Mayank Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 25.03.2025 and cognizance/summoning order dated 15.05.2025 passed by learned Additional Chief Judicial Magistrate, Court No.1, Mathura as well as entire proceedings of Criminal Case No.46667 of 2025, arising out of Case Crime No.206 of 2024, under Sections 406, 420, 507 IPC, P.S. Sadar Bazar, District- Mathura. 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 reported in 2024 1