APPLICATION U/S 528 BNSS No. 12824 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12824 of 2026 Mohd Abid And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ravesh Kumar Singh 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 chargesheet dated 13.07.2021 and cognizance/summoning order dated 09.11.2021 as well as entire proceedings of Case No.3397 of 2021 (State Vs. Abid and others), arising out of Case Crime no. 178 of 2021, under Sections 420, 406, 504, 506 IPC, P.S.- Baradari, Distsrict Bareilly, pending in the court of learned Additional Chief Judicial Magistrate-I, Bareilly. 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