APPLICATION U/S 528 BNSS No. 18629 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18629 of 2026 Mohammad Arshad .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jata Shankar Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter has been taken up in the mentioned category. 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 24.09.2023 and cognizance/summoning order dated 21.12.2023 as well as entire proceedings of Case No.41593 of 2023 (State Vs. Jishan and Another) arising out of Case Crime no.472 of 2023, under Sections 406, 420 IPC, P.S. Nayi Mandi, District- Muzaffarnagar, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar. 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 th