APPLICATION U/S 528 BNSS No. 6343 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6343 of 2026 Ahsan Ali .....Applicant(s) Versus State Of U.P. And Another .....Opposite Party(s) Counsel for Applicant(s) : Mohammad Danish 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 charge-sheet dated 13.01.2022 and cognizance/summoning order dated 20.06.2022 as well as entire proceedings of Case No.9296/9 of 2025 (State Vs. Arshad and others) arising out of Case Crime no.581 of 2020, under Sections 406, 420 IPC, P.S. Pakbada, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad. 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 Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another repor