APPLICATION U/S 528 BNSS No. 11867 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11867 of 2026 Chote Lal And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Satyendra Kumar Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Criminal Case no. 428 of 2024 (State vs. Raj Kumar and others) arising out of Case Crime no. 463 of 2023 under sections 420, 406, 506 and 120B IPC, PS- Crossing Republic, District Ghaziabad, cognizance order dated 2.2.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Ghaziabad and charge sheet dated 24.11.2023. 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 as per the proposition of law settled by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. and others vs.