APPLICATION U/S 528 BNSS No. 8169 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8169 of 2026 Smt Priya @ Praveen .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Mahabir Yadav Counsel for Opposite Party(s) : G.A. Court No. - 75 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mahabir Yadav, learned counsel for applicant, Sri Ram Autar Rai holding brief of Sri Sanjay Singh, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of Criminal Case no. 5817 of 2023 (State vs. Jugendra @ Jaggo and others) arising out of Case Crime no. 338 of 2023 under sections 420, 406, 120B IPC, as well as charge sheet dated 1.12.2023 and quash the summoning order dated 6.12.2023 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Chata, Mathura. 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 Su