APPLICATION U/S 528 BNSS No. 11845 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11845 of 2026 Mahesh Yadav .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Deo Prakash Singh, Rishi Kumar Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Criminal Case no. 1547 of 2024 (State vs. Mahesh Yadav) arising out of Case Crime no. 134 of 2023 under sections 419, 420, 406, 504, 506 IPC, PS- Lohata, District Varanasi and set aside the cognizance order dated 6.10.2023 and order dated 1.10.2025 passed by learned trial court whereby rejected the discharge application dated 12.12.2024 filed by the applicant which is pending in court of learned Additional Chief Judicial Magistrate, VI, Varanasi. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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 a