APPLICATION U/S 528 BNSS No. 19987 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19987 of 2026 Pawan Kumar Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Bhupendra Pandey, Lakshman Tripathi, Sumit 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 AGA for the State. 2. Present application has been preferred with the prayer to quash the charge-sheet dated 24.04.2022 and cognizance/summoning order dated 03.06.2022 passed by learned VIII Additional Civil Judge (Junior Division), Varanasi as well as entire proceedings of Case No.88088 of 2022, arising out of Case Crime no.176 of 2021, under Sections 406, 420, 408 IPC, P.S. Adampur, District- Varanasi. 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 Rac