APPLICATION U/S 528 BNSS No. 9371 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9371 of 2026 Durgesh Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Akash Deep Srivastava 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 Criminal Case no. 17532 of 2024 arising out of Case Crime no. 256 of 2022, under sections 406, 420, 323, 504, 506 IPC, PS- Tiwaripur, District Gorakhpur and set aside the cognizance order dated 30.03.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Gorakhpur and charge sheet dated 26.10.2023. 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 Pradesh and