APPLICATION U/S 528 BNSS No. 19165 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19165 of 2026 Agha Mohammad Sayadain And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Prakhar Saran Srivastava, Sr. Advocate Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Prakhar Saran Srivastava, learned counsel for applicant, and learned A.G.A. for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 01.01.2025 and cognizance/summoning order dated 20.01.2025 as well as entire proceedings of Criminal Case No.1923 of 2025 (State vs. Agha Mohammad Sayadain and another), arising out of Case Crime No.380 of 2024, under Sections 319(2), 318(4), 316(2), 352 and 351(3) BNS, Police Station Rajghat, District Gorakhpur, pending in the court of learned ACJM/SD, Court No.2, Gorakhpur. 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 o