APPLICATION U/S 528 BNSS No. 7780 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7780 of 2026 Aamir Ahmad .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Kumar Rai 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 08.11.2024 and cognizance/summoning order dated 31.01.2025 passed by learned Additional Civil Judge (SD)-2/ACJM, Gautam Buddh Nagar as well as entire proceedings of Criminal Case No.168 of 2025 (State vs. Aamir Ahmad) arising out of Case Crime No.113 of 2023, under Sections 406, 420, 506 IPC, P.S. Noida Sector-49, District- Gautam Buddh Nagar. 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