APPLICATION U/S 528 BNSS No. 6433 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6433 of 2026 Jai Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jahangir Haider, Mohammad Arslaan Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 08.02.2025 and cognizance/summoning order dated 29.03.2025 as well as entire proceedings of Case No.866 of 2026 (State vs. Sachin Sharma and Others) arising out of Case Crime No.974 of 2024, under Sections 318(4), 316(2), 352, 351(2)(3) BNS, P.S. Nandgram, District- Ghaziabad, pending in the court of learned ACJ (JD)/Judicial Magistrate, Court No.3, Ghaziabad. 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 & 406 IPC, [318(4) & 316(2) BNS] cannot go together in the same breath as per the proposition of law settled by Hon'ble Supreme Court in the case of