APPLICATION U/S 528 BNSS No. 18760 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18760 of 2026 Subhpreet .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Mohit Kumar Baisla 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 23.06.2022 and cognizance/summoning order dated 30.07.2022 as well as entire proceedings of Case No.220 of 2022, arising out of Case Crime No.055 of 2022, under Sections 406 and 420 IPC, Police Station Hastinapur, District Meerut, pending before the Judicial Magistrate-III, Meerut. 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 and another reported in 2024 10 SCC 690. The relevant