Kavita Rani v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39475 of 2026

Kavita Rani

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Suraj Pandey, Ravi Pandey
Counsel for Opposite Party(s)	:	G.A.

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned A.G.A. for the State.

1. Present application has been preferred with the prayer to quash the cognizance/summoning order dated 27.01.2026 as well as entire proceedings of Criminal Case No.7534 of 2026 (State vs. Kavita Rani) arising out of Case Crime No.225 of 2025, under Sections 316(2), 318(2), 115(2), 352, 351(3) of BNS, P.S. Kwarsi, District Aligarh, pending in the court of learned Judicial Magistrate District Aligarh.

1. Learned counsel appearing on behalf of applicant has challenged the impugned charge-sheet 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 vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690 . The relevant portion of the said judgment is being reproduced hereinbelow:-