APPLICATION U/S 528 BNSS No. 5104 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5104 of 2026 Rudransh Pandey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anil Kumar Pandey 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 chargesheet dated 18.04.2024 and cognizance/summoning order dated 22.04.2024 as well as entire proceedings of Case No.50737 of 2024, arising out of Case Crime no. 573 of 2023, under Sections 419, 420, 467, 468, 471, 406, 120-B IPC, P.S.- Shahpur, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate/Senior Division-Ist, Gorakhpur. 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