APPLICATION U/S 528 BNSS No. 5109 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5109 of 2026 Amit Gupta And 4 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Baikunth Nath Singh, Manish 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 the chargesheet dated 03.10.2023 and cognizance/summoning order dated 10.04.2024 passed by learned Ist Additional Chief Metropolitan Magistrate, Kanpur Nagar in the case arising out of Case Crime no. 293 of 2023, under Sections 147, 406, 420, 352, 504, 506 IPC, P.S.- Bithoor, District Kanpur Nagar. 3. Learned counsel appearing on behalf of applicants 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 Uttar Pradesh and another reported i