APPLICATION U/S 528 BNSS No. 15101 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15101 of 2026 Smt Rekha And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Archana Singh, Shreeprakash Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to cognizance/summoning order dated 27.10.2025 along with further proceedings of Criminal Case No.21600 of 2025 (State Vs. Smt. Rekha and another) arising out of Case Crime no. 1012 of 2021, under Sections 420, 406, 506 IPC, P.S.- Kotwali Nagar, District Etah, pending in the court of learned Chief Judicial Magistrate, Etah. 3. Learned counsel appearing on behalf of applicants has challenged cognizance/summoning order 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 is being