APPLICATION U/S 528 BNSS No. 15124 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15124 of 2026 Radha .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Saurabh Yadav, Upendra Bharti 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 chargesheet dated 29.01.2024 and cognizance/summoning order dated 03.05.2025 along with entire proceedings of Case No.348 of 2025 (State Vs. Purushottam @ Siddhesh and others) arising out of Case Crime no. 172 of 2025, under Sections 420, 406, 506 IPC, P.S.- Bakewar, District Etawah, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Etawah. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with 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 rep