APPLICATION U/S 528 BNSS No. 11887 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11887 of 2026 Shobha Devi And 2 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ritesh Kumar, Sarthak Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ritesh Kumar, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 20.11.2025 and cognizance/summoning order dated 13.1.2026 passed by learned Judicial Magistrate, Bhognipur/Civil Judge (J.D.), Bhognipur, District Kanpur Dehat as well as entire proceedings of Case no. 36 of 2026 (State of U.P. vs. Shobha Devi and others) arising out of Case Crime no. 38 of 2025, under Sections 318(4), 316(2) BNS, P.S.- Devrahat, District Kanpur Dehat. 3. Learned counsel appearing on behalf of applicants 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 (i.e. section 318(4) and 316(2) BNS) cannot go together in the same breath as per the proposition of