APPLICATION U/S 528 BNSS No. 19977 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19977 of 2026 Smt. Kushalata Devi .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ram Kumar 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 cognizance/summoning order dated 28.07.2025 as well as entire proceedings of Case No.79902 of 2025 (State vs. Omvir Singh and Others) arising out of Case Crime No.13 of 2025, under Sections 406, 420, 120B IPC, P.S. Sadar Bazar, District- Mathura, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Mathura. 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 case of Delhi Race Club (1940)