APPLICATION U/S 528 BNSS No. 19451 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19451 of 2026 Krishna Singh And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Alok Kumar Kushwaha, Ankita Singh, Vikas Tiwari 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 20.12.2024 and cognizance/summoning order dated 11.06.2025 along with entire proceedings of Case No.29451 of 2025 (State Vs. Krishna Singh and others) arising out of Case Crime no. 305 of 2024, under Sections 406, 420, 504, 506 IPC, P.S.- Cantt. District Varanasi, pending in the court of learned Chief Judicial Magistrate, Varanasi. 3. Learned counsel appearing on behalf of applicants 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 Prades