APPLICATION U/S 528 BNSS No. 6325 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6325 of 2026 Akhilesh Kumar Yadav .....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Ravi Prakash 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 22.04.2020, cognizance/summoning order dated 17.10.2020 and non-bailable warrant dated 17.08.2024 as well as entire proceedings of Criminal Case No.3007 of 2021 (State Vs. Akhilesh Kumar Yadav) arising out of Case Crime no.363 of 2019, under Sections 406, 420 IPC, P.S. Saidnagli, District- Amroha, pending in the court of learned 3rd Additional Chief Judicial Magistrate, Amroha. 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