BNSS No. 36279 of 2025 · Allahabad High Court
Case at a glance
- Bench
- SANJIV KUMAR
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 406, 420
Judgment
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant application under Section 528 BNSS has been filed by the applicant with a prayer to quash the Case No.72732 of 2024, arising out of Case Crime No.492 of 2023, under Sections 406, 420 and 120 B I.P.C., Police Station Vrindaban, District Mathura as well as charge-sheet No.289 of 2024, dated
31.07.2023 and summoning order dated 06.08.2024.
Learned counsel for the applicant submits that the impugned cognizance order dated 06.08.2024 is against the law, as cognizance has been taken simultaneously under Section 420, 406 and 120-B I.P.C. It is further submitted that in light of the recent pronouncement of the Hon’ble Supreme Court in Delhi Race Club (1940) Ltd. & Others vs. State of Uttar Pradesh & Another, 2024 SCC OnLine SC 2248, the charges under Sections 420 and 406 IPC cannot co-exist together.
Matter requires consideration.
Issue notice to opposite party No.2 returnable at an early date.
List this case on 28.03.2026. 2 NA528 No. 36279 of 2025
All the opposite parties may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within a week, thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed as against the applicant only. February 4, 2026 Amit (Sanjiv Kumar,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.