APPLICATION U/S 528 BNSS No. 10354 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10354 of 2026 Bhagwat Sharan Yadav And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the cognizance/summoning order dated 31.05.2025 taken over the chargesheet dated 17.03.2025 submitted in Case Crime no. 372 of 2023, under Sections 406, 420, 467, 468, 471, 120-B IPC, P.S.- Shahganj, District Jaunpur, passed by learned Additional Chief Judicial Magistrate, Jaunpur. 3. Learned counsel appearing on behalf of applicants 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 10 SCC 690. The relevant portion of the said judgment is being reprodu