APPLICATION U/S 528 BNSS No. 18738 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18738 of 2026 Nishant .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Prabha Shanker Bharti Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. This case has been taken up in the mentioned category. Heard learned counsel for applicant and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 05.01.2025 and cognizance/summoning order dated 17.01.2025 as well as entire proceedings of Case No.93 of 2025 (State vs. Ashok and Others) arising out of Case Crime No.41 of 2024, under Sections 406, 420, 120B IPC, P.S. Crossing Republic Ghaziabad, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Ghaziabad. 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 Suprem