Gulshan Kumar v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39188 of 2026

Gulshan Kumar

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Saurabh Srivastava, Shivam Mishra : G.A.

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard learned counsel for parties.

1. Present application has been preferred with the prayer to quash the charge sheet dated 7.5.2025, cognizance/summoning order dated 15.7.2025 passed by learned Chief Judicial Magistrate, Ghaziabad as well as entire proceedings of Case no. 61870 of 2025 (State of U.P. vs. Rahul and others) arising out of Case Crime no. 0183 of 2025, under Sections 318(4), 316(2), 351(2) BNS, P.S.- Sahibabad, District Ghaziabad.

1. 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 (i.e. section 318(4) and 316(2) BNS) 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 vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690. The relevant portion of the said judgment is being reproduced hereinbelow:-