APPLICATION U/S 528 BNSS No. 18982 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18982 of 2026 Pramod Tyagi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jitendra Kumar 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 23.05.2021 and cognizance/summoning order dated 28.05.2021 as well as entire proceedings of Case No.10184 of 2021 (State Vs. Pramod Tyagi) arising out of Case Crime no.577 of 2020, under Sections 406, 420 IPC, P.S. Kaushambi, District- Ghaziabad, pending in the court of learned Chief Judicial Magistrate, Ghaziabad. 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. a