APPLICATION U/S 528 BNSS No. 19578 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19578 of 2026 Asraf Ali .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rajendra Kumar Pandey, Smt. Kirti Pandey 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 20.12.2018 and cognizance/summoning order dated 22.02.2019 as well as entire proceedings of Case No.766 of 2019 (State Vs. Ashraj Ali), arising out of Case Crime no. 889 of 2018, under Sections 406, 420 IPC, P.S. Baradari, District Bareilly, pending in the court of learned Additional Chief Judicial Magistrate-I, Bareilly. 3. Learned counsel appearing on behalf of applicant 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) Ltd. and others vs. State of Utta