APPLICATION U/S 528 BNSS No. 19159 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19159 of 2026 Smt Shubhawati Devi And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajai Kumar Srivastava, Juhi Srivastava Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Ms. Juni Srivastava, learned counsel for applicants and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 08.01.2026 and cognizance/summoning order dated 10.04.2026 as well as entire proceedings of S.T. No.2438 of 2026, (State Vs. Shubhawati Devi and another), arising out of Case Crime No.207 of 2025, under Sections 316(2), 318(4), 351(2), and 352 BNS, Police Station Kotwali City, District Mirzapur, pending in the court of learned Chief Judicial Magistrate, Mirzapur. 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'