APPLICATION U/S 528 BNSS No. 9856 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9856 of 2026 Avinash Pandey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Kumar Mishra, Sachin Tripathi 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 the charge-sheet dated 25.04.2018 and cognizance/summoning order dated 19.05.2018 as well as entire proceedings of Case No.12986 of 2020 (State Vs. Avinash Pandey) arising out of Case Crime no.524 of 2017, under Sections 406, 420, 504, 506 IPC, P.S.- Baldeo, District Mathura, pending in the court of learned Civil Judge (S.D.), Court No.1, Mathura. 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