APPLICATION U/S 528 BNSS No. 19807 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19807 of 2026 Sunil Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Dileep Kumar Shukla, Shikhar Neelkanth Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. This case has been taken up in the mentioned category. Heard 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 18.08.2024 and cognizance/summoning order dated 18.01.2025 as well as entire proceedings of Case No.311/9 of 2025 (State vs. Sunil Kumar) arising out of Case Crime No.276 of 2024, under Sections 406, 420 IPC, P.S. Chandausi, District- Sambhal, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi. 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 of law settled by Hon'ble Supreme Court in the cas