APPLICATION U/S 528 BNSS No. 5458 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5458 of 2026 Ajay Vishwakarma .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pradeep Kumar Mishra, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A., Rahul Kumar Mishra Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. No one appeared on behalf of opposite party no.2 even in the revised call. 2. Present application has been preferred with the prayer to quash cognizance/summoning order dated 25.06.2024 along with NBW order dated 25.04.2025 and proceedings U/S 82 Cr.P.C. dated 22.05.2025 as well as entire proceedings of Case No.675 of 2024 (State Vs. Ajay), arising out of Case Crime no. 118 of 2023, under Sections 420, 406, 504, 506 IPC, P.S.- Kheta Sarai, District Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.12, Jaunpur. 3. Learned counsel appearing on behalf of applicant has challenged the 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