APPLICATION U/S 528 BNSS No. 12009 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12009 of 2026 Ansh Agrawal And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Akshay Raghuvanshi, B.K. Singh Raghuvanshi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of Case no. 883 of 2026 (State vs. Ansh Agarwal and another) arising out of Case Crime no. 190 of 2023 under sections 420, 406, 504, 506 IPC, PS- Obra, District Sonebhadra and quash the summoning order dated 5.2.2026 as well as charge sheet dated 22.8.2025. 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 69