APPLICATION U/S 528 BNSS No. 10859 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10859 of 2026 Hirawati Devi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Girja Shanker Mishra, Mohd Ghaus Ali, Pratiksha Rai 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. 37269 of 2025 (State vs. Hirawati Devi and others) arising out of Case Crime no. 0346 of 2024 under sections 420, 406 IPC, PS- Cholapur, District Varuna and quash the summoning order dated 20.8.2025 and charge sheet dated 9.2.2025. 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 in 2024 10 SCC 690. The relevant p