APPLICATION U/S 528 BNSS No. 6331 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6331 of 2026 Veena Saxena And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anil Kumar Tiwari 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 no.230 of 2024 dated 16.04.2024 and cognizance/summoning order dated 27.01.2025 as well as entire proceedings of Case No.1531 of 2025 (State vs. Beena Saxena and Another) arising out of Case Crime No.07 of 2024, under Sections 406, 420 IPC, P.S. Sadar Bazar, District- Shahjahanpur, pending in the court of learned Chief Judicial Magistrate, Shahjahanpur. 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. and