APPLICATION U/S 528 BNSS No. 6473 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6473 of 2026 Munauwar And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Shailendra Kumar Rai Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 20.11.2017 and cognizance/summoning order dated 19.02.2018 as well as entire proceedings of Criminal Case No.36 of 2018 (State Vs. Alamgir Ahmad and Another) arising out of Case Crime no.505 of 2017, under Sections 406, 420 IPC, P.S.- Dullahpur, District- Ghazipur, pending in the court of learned Additional Judicial Magistrate, Court No.2, Ghazipur. 3. Learned counsel appearing on behalf of applicants 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 othe