APPLICATION U/S 528 BNSS No. 9641 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9641 of 2026 Raj Narayan Tiwari .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Devendra Mani Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 75 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 the entire proceeding of Case no. 10227 of 2025 (State vs. Rajnarayan) arising out of Case Crime no 0249 of 2022 under sections 419, 420 and 406 IPC, PS- Mugal Sarai, District Chandauli as well as charge sheet dated 27.3.2023 and summoning order dated 19.9.2025. 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 Uttar Pradesh and another reported in 2024 10 SCC 690. The relevant portion of the said judgment