APPLICATION U/S 528 BNSS No. 9357 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9357 of 2026 Praveen Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Mohd. Naushad 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 23.08.2024 and cognizance/summoning order dated 05.02.2025 along with entire proceedings of Case No.1284 of 2025 (State Vs. Smt. Mamta and others) arising out of Case Crime no. 225 of 2024, under Sections 420, 406, 504, 506, 467 IPC, P.S.- Kotwali Nagar, District Muzaffarnagar, pending in the court of learned Chief Judicial Magistrate, 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 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