APPLICATION U/S 528 BNSS No. 6320 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6320 of 2026 Maya Devi And Another .....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 A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 04.06.2025 and cognizance/summoning order dated 29.08.2025 as well as entire proceedings of Case No.28528 of 2025 (State vs. Ram Sajeevan and Others) arising out of Case Crime No.156 of 2025, under Sections 406, 420, 504, 507 IPC, P.S. Banna Devi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh. 3. Learned counsel appearing on behalf of applicants 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 Delhi Race Club (1940) Ltd.