APPLICATION U/S 528 BNSS No. 11748 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11748 of 2026 Abhay Verma 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 applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 09.11.2025 and cognizance/summoning order dated 06.01.2026 along with entire proceedings of Case No.1322 of 2026 (State Vs. Abhay Verma and another) arising out of Case Crime no. 253 of 2025, under Sections 316(2), 318(4), 352 and 351(2) BNS, P.S.- Bhelupur, District Varanasi, pending in the court of learned Judicial Magistrate-II, Varanasi. 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 202