APPLICATION U/S 528 BNSS No. 18540 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18540 of 2026 Dipika .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sushil Kumar Dubey 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 23.07.2023 and cognizance/summoning order dated 16.10.2023 as well as entire proceedings of Case No.8539 of 2023 (State Vs. Ram Autar Yadav and others), arising out of Case Crime no. 672 of 2022, under Sections 420, 406 IPC, P.S.- Kotwali Orai, District Jalaun, pending in the court of learned Chief Judicial Magistrate, Jalaun at Orai. 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 Uttar Pradesh an