APPLICATION U/S 528 BNSS No. 6457 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6457 of 2026 Shani @ Ankur Srivastava .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Manvendra Singh 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 08.12.2022 and cognizance/summoning order dated 05.09.2023 as well as entire proceedings of Case No.356 of 2023 (State vs. Ashutosh Chaubey and Others) arising out of Case Crime No.196 of 2022, under Sections 406, 420 IPC, P.S. Khuldabad, District- Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No.9, Prayagraj. 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 (1940) Ltd. and ot