APPLICATION U/S 528 BNSS No. 18893 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18893 of 2026 Munesh Sharma @ Babloo Pandit .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Pandey Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 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 02.10.2023 and cognizance/summoning order dated 20.09.2024 along with entire proceedings of Case No.9986 of 2024 (State Vs. Munesh Sharma @ Babloo Pandit), arising out of Case Crime no.175 of 2023, under Sections 420 and 4096 IPC, P.S. Surajpur, District Gautam Budh Nagar, pending in the court of learned Additional Civil Judge, (Senior Division)-II/ Additional Chief Judicial Magistrate, Gautam Budh 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 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 (19