APPLICATION U/S 528 BNSS No. 9361 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9361 of 2026 Krishna Kumar Gupta @ Kk Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Namrata Shukla, Santosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 50296 of 2021 arising out of Case Crime no. 396 of 2020, under sections 420, 406, 506 IPC, PS- Rura, District Kanpur Dehat and set aside the cognizance order dated 8.11.2021 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Kanpur Dehat and charge sheet dated 27.11.2020. 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 Uttar