APPLICATION U/S 528 BNSS No. 5491 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5491 of 2026 Jitendra And 4 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ram Shyam Shanker Pandey, Subodh Pandey Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 28.12.2024 and cognizance/summoning order dated 31.01.2025 as well as entire proceedings of Case No.2144/9 of 2023 (State vs. Jitendra and Others) arising out of Case Crime No.290 of 2023, under Sections 406, 420, 504, 506 IPC, P.S. Budhana, District- Muzaffarnagar, pending in the court of learned Civil Judge (JD)/Judicial Magistrate, Budhana, Muzaffarnagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge-sheet 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 Del