APPLICATION U/S 528 BNSS No. 12324 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12324 of 2026 Vipin Kumar @ Vipin Yadav And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Saurabh Yadav 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 chargesheet dated 05.06.2021 and cognizance/summoning order dated 03.02.2024 as well as entire proceedings of Case No.2527 of 2024 (State Vs. Dinesh Chauhan and others), arising out of Case Crime no.1347 of 2016, under Sections 406, 420 IPC, P.S.- Sihani Gate, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad. 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