APPLICATION U/S 528 BNSS No. 5441 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5441 of 2026 Nirvesh Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Shesh Narain Mishra 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 08.09.2019 and cognizance/summoning order dated 16.10.2019 along with NBW order dated 03.12.2022 as well as entire proceedings of Case No.2336 of 2019 (State Vs. Amar Singh and another), arising out of Case Crime no. 45 of 2019, under Sections 419, 420, 406 IPC, P.S.- Rudhauli, District Basti, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Basti. 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)