APPLICATION U/S 528 BNSS No. 12274 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12274 of 2026 Mahendra Kumar Mishra .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Piyush Shukla, Pratyush Shukla Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 13.09.2023 and cognizance/summoning order dated 04.03.2025 as well as entire proceedings of Criminal Case No.5259 of 2025 (State vs. Mahendra Kumar Mishra and Others) arising out of Case Crime No.181 of 2023, under Sections 406, 420, 419 IPC, P.S. Tamkuhiraj, District- Kushi Nagar, pending in the court of learned Judicial Magistrate, Kushi Nagar at Padrauna. 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 C