APPLICATION U/S 528 BNSS No. 14215 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14215 of 2026 Hari Narayan Rai .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Kumar Singh 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. 3372 of 2018 (State vs. Hari Narayan Rai and others) arising out of Case Crime no. 2831 of 2017 under sections 419, 420, 467, 468, 471, 406 IPC, PS- Khalilabad, District Sant Kabir Nagar and set aside discharge rejection order dated 01.12.2025 passed by learned Chief Judicial Magistrate, Sant Kabir Nagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet along with cognizance/summoning order, discharge rejection 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. Stat