APPLICATION U/S 528 BNSS No. 18590 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18590 of 2026 Shakuntala .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jay Singh Yadav 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 07.09.2025 and cognizance/summoning order dated 01.11.2025 along with further proceedings of Criminal Case No.7783 of 2025 (State Vs. Lavkush) arising out of Case Crime no. 74 of 2025, under Sections 316(2), 318(4), 351(3), 352 BNS, P.S.- Shivnagar Didai, District Siddharth Nagar, pending in the court of learned Additional Civil Judge (J.D.), Court No.2, Bansi, Siddharth Nagar. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order precisely on the ground that Sections 316(2), 318(4) BNS (406 and 420 in 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.