APPLICATION U/S 528 BNSS No. 19136 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19136 of 2026 Akhilesh Yadav And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Nandan Singh Yaduvanshi, Somdatt, Trivikram Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 13.04.2020 and cognizance/summoning order dated 19.10.2020 as well as entire proceedings of Case No.21038 of 2020 (State Vs. Umesh Chandra Yadav and others), arising out of Case Crime no. 235 of 2019, under Sections 120-B, 406, 420 IPC, P.S.- Kotwali, District Kanpur Nagar, pending in the court of learned Chief Metropolital Magistrate, Kanpur Nagar. 3. Learned counsel appearing on behalf of applicants 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