APPLICATION U/S 528 BNSS No. 20016 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20016 of 2026 Smt. Sunita Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Diwakar Prasad Tiwari, Ramesh Chandra Tiwari 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 chargesheet dated 28.05.2023 and cognizance/summoning order dated 12.02.2024 as well as entire proceedings of Criminal Case No.2411 of 2024 (State Vs. Sonu Agrahari @ Arvind Agrahari and others), arising out of Case Crime no.05 of 2023, under Sections 406, 420, 506 IPC, P.S. Kotwali Katara, District- Mirzapur, pending in the court of learned Chief Judicial Magistrate, Mirzapur. 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 la