APPLICATION U/S 528 BNSS No. 15319 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15319 of 2026 Smt Rashmi Saxena And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Atul Srivastava Counsel for Opposite Party(s) : G.A., Rakesh Kumar Rathore, Sanjeev Kumar Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and Sri Sanjeev Kumar Ratohor, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 24.03.2025 and cognizance/summoning order dated 29.04.2025 passed in Criminal Case No.1394 of 2025 (State Vs. Smt. Rashmi Saxena and others) arising out of Case Crime no. 471 of 2025, under Sections 420, 406 IPC, P.S.- Bewar, District Mainpuri, pending in the court of learned Chief Judicial Magistrate, Mainpuri. 3. Learned counsel appearing on behalf of applicants 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