APPLICATION U/S 528 BNSS No. 9376 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9376 of 2026 Upendra Maurya .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Shivam Kumar Modanwal 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 entire proceeding of Case no. 10613 of 2025 (State vs. Rekhchandra Maurya and others) arising out of Case Crime no. 425 of 2024 under sections 406, 420, 504, 506 IPC, PS- Kotwali, District Mau and quash the summoning order dated 3.7.2025 passed by learned Chief Judicial Magistrate, Mau along with charge sheet dated 1.4.2025. 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 Club (1940) Ltd. and others vs. State of Uttar Pradesh and another reported