APPLICATION U/S 528 BNSS No. 12458 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12458 of 2026 Darshan Singh .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Girish Chandra Shukla Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of Case No.1184 of 2025 (State vs. Darshan Singh), arising out of Case Crime No.563 of 2024, under Sections 318(4), 316(2), 352 and 351(2) of B.N.S., Police Station-Ghosi, District-Mau as well as charge sheet dated 10.03.2025 and cognizance/summoning order dated 07.07.2025, passed by Chief Judicial Magistrate, Mau, pending in the court of Chief Judicial Magistrate, Mau. 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 (i.e. section 318(4) and 316(2) BNS) cannot go together in the same breath as per the proposition of law settled by Hon'ble Supreme Court