APPLICATION U/S 528 BNSS No. 18645 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18645 of 2026 Shivakant Tripathi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kamlendra Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 134 of 2024 (State vs. Shivakant Tripathi and others) arising out of Case Crime no. 420 of 2022, under sections 420, 406, 506 IPC, PS- Qila, District Bareilly and set aside the cognizance order dated 8.2.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 3, Bareilly, charge sheet dated 22.10.2023. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet 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