CRIMINAL APPEAL No. 1042 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1042 of 2026 Mansa Singh And Another .....Appellant(s) Versus State of U.P. and Another .....Respondent(s) Counsel for Appellant(s) : Kartikeya Shukla, Ravi Shukla Counsel for Respondent(s) : G.A., Gyan Prakash Court No. - 51 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Kartikeya Shukla, learned counsel for the appellants, Sri Gyan Prakash, learned counsel for opposite party no.2 and the learned A.G.A. for the State. 2. The present appeal has been filed for quashing the cognizance/summoning order dated 05-10-2023 as well as entire proceedings of Sessions Case No. 820 of 2023, arising out of case crime no. 02 of 2023, under Sections 420, 406, 354, 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, P.S. Sahawar, District Kasganj. 3. Learned counsel for the appellants submits that the appellants have been summoned under Sections 406 & 420 I.P.C. vide order dated 05-10-2023. It is further submitted that both Sections 406 and 420 I.P.C. cannot go together in the same breath, in view of the law laid down by the Hon’ble Supreme Court in Delhi Race Club (1940) Ltd. vs. State of Uttar Pradesh and Another, (2024) 10 SCC 690. It is thu