APPLICATION U/S 528 BNSS No. 8302 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8302 of 2026 Amar Pratap .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Onkar Nath Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash chargesheet dated 07.08.2023 and cognizance/summoning order dated 13.10.2023 as well as B.W. order dated 24.01.2025 passed in Case No.53559 of 2023 (State Vs. Amar Pratap), arising out of Case Crime no. 0083 of 2023, under Sections 420, 406 IPC, P.S.- Jasrana, District Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad. 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 others vs. State of Ut