APPLICATION U/S 528 BNSS No. 20093 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20093 of 2026 Mohammad Ahmad And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Vijendra Pal Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 27.03.2023 and cognizance/summoning order dated 29.09.2023 as well as entire proceedings of Warrant/Summon No.1752 of 2023 (State Vs. Mohammad Ahmad and another), arising out of Case Crime no. 56 of 2023, under Sections 406, 420, 506 IPC, P.S.- Nawabganj, District Bareilly, pending in the court of learned Judicial Magistrate, Nawabganj, Bareilly. 3. Learned counsel appearing on behalf of applicants 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 v