APPLICATION U/S 528 BNSS No. 19379 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19379 of 2026 Ashish Kumar Chaturvedi And 4 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Chandrika Prasad Shukla 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 31.12.2022 and cognizance/summoning order dated 07.07.2023 as well as entire proceedings of Case No.9505 of 2023 (State Vs. Ashish Kumar Chaturvedi and others), arising out of Case Crime no. 558 of 2022, under Sections 420, 406 IPC, P.S.- Sungadhi, District Pilibhit, pending in the court of learned Chief Judicial Magistrate, District Pilibhit. 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 Delhi Race Club (1940)