APPLICATION U/S 528 BNSS No. 5171 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5171 of 2026 Sheshnath Pandey Urf Pankaj Pandey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rajesh Kumar Singh, Vinod Kumar Singh 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 28.07.2023 and cognizance/summoning order dated 29.08.2024 along with entire proceedings of Case No.21427 of 2024 (State Vs. Sheshnath Pandey @ Pankaj Pandey and others), arising out of Case Crime no. 260 of 2022, under Sections 406, 419, 420 IPC, P.S.- Bansdih Road, District Ballia, pending in the court of learned Judicial Magistrate-II, Ballia. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order 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 U