APPLICATION U/S 528 BNSS No. 19341 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19341 of 2026 Sri Rajukhan .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. 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 19.09.2024 and cognizance/summoning order dated 02.12.2024 along with entire proceedings of Case No.32 of 2024 (State Vs. Rajukhan) arising out of Case Crime no. 330 of 2024, under Sections 420, 406, 504, 506 IPC, P.S.- Dibiyapur, District Auraiya, pending in the court of learned Additional Chief Judicial Magistrate, Auraiya. 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 (1940) Ltd. and others vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690. The rele