APPLICATION U/S 528 BNSS No. 9088 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9088 of 2026 Vinit Kumar And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Karunesh Narayan Tripathi 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 entire proceeding of Case no. 31 of 2026 (State vs. Vinit and another) arising out of Case Crime no. 250 of 2024 under sections 420, 406, 504, 506 IPC, PS- Garhmukteshwar, District Hapur and quash the summoning order dated 14.01.2026 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Garhmukteshwar, Hapur and charge sheet dated 8.1.2025. 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