Retired Consolidation Officer Seeks Quashing of Charge-sheet and Cognizance Order; Court Grants Interim Protection from Coercive Action
Lucknow, October 26, 2026: The Allahabad High Court, Lucknow Bench, presided over by Mr. Syed Qamar Hasan Rizvi, J., has taken cognizance of an application filed by Rajendra Prasad Yadav, a retired Consolidation Officer, seeking quashing of a charge-sheet and a cognizance order in a long-pending corruption case. The charges relate to alleged offences under the Indian Penal Code and the Prevention of Corruption Act, 1988, connected to consolidation operations dating back to 2006.
The applicant, now aged approximately 68 years and retired since May 31, 2018, contends that no direct allegation exists against him for misuse of statutory powers under the U.P. Consolidation of Holdings Act, 1953. He further asserted that in departmental proceedings conducted through a full-fledged inquiry, he was exonerated on merit after examination of consolidation records and enquiry materials collected by the Economic Offences Wing. Citing Section 49-A of the U.P. Consolidation of Holdings Act, which provides protection to government servants in such cases, Mr. Yadav argued that the criminal prosecution is baseless and delayed, as the FIR was registered in 2006, but the charge-sheet was only filed in January 2026.
The State opposed the petition, emphasizing the seriousness of the charges under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and maintained that the applicant has the right to defend himself during the trial. The Court observed that the matter requires detailed consideration and accordingly issued notice to the opposite parties, including the respondent State and others.
The Court directed that the State file a counter affidavit within four weeks, with the applicant permitted two weeks thereafter to file a rejoinder. In the interim, the Court granted protection to the applicant by restraining any coercive action under the FIR and charge-sheet until the next date of hearing.
This case highlights the procedural and substantive challenges faced in long-pending corruption allegations against retired government officials, balancing the need for accountability with safeguards against prolonged litigation and undue harassment.
Bottom Line:
Petition under Section 528 BNSS seeking quashing of charge-sheet and cognizance order in corruption and IPC offences - Applicant, a retired Consolidation Officer, pleaded exoneration in departmental proceedings, protection under Section 49-A of U.P. Consolidation of Holdings Act, and long delay between FIR and charge-sheet - Court found matter requires consideration, issued notice, called for counter affidavit and granted interim protection by directing that no coercive steps be taken till next date.
Statutory provision(s):
Section 528 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023), Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, Sections 166, 167, 467, 109, 120B IPC, Section 49-A of U.P. Consolidation of Holdings Act, 1953
Rajendra Prasad Yadav v. State of U.P., (All)(Lucknow) : Law Finder Doc Id # 3004144
