The Allahabad High Court, Lucknow Bench, has directed that no coercive step be taken against a 68-year-old retired Consolidation Officer facing prosecution under the Prevention of Corruption Act, 1988, in a case registered in 2006. The interim protection will remain in force until the next date of listing.
Justice Syed Qamar Hasan Rizvi passed the order on an application filed by Rajendra Prasad Yadav under Section 528 of the BNSS, issuing notice and calling for a counter affidavit from the State.
Background
The applicant sought quashing of Charge sheet No. 01 of 2026, dated 14.01.2026, filed against him in Case Crime No. 114 of 2006 under Sections 166, 167, 467, 109 and 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, at Police Station Asandra, District Barabanki.
He also challenged the cognizance and summoning order dated 06.07.2026 passed by the Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 01, Ayodhya, in Special Trial No. 557 of 2026.
Arguments Before the Allahabad High Court
Advocate Abhishek Singh, appearing for the applicant along with Advocates Akhand Kumar Pandey and Yash Dwivedi, submitted that his client retired as Consolidation Officer on 31.05.2018 and that there is no direct allegation against him of misusing his statutory powers under the Consolidation Act.
He argued that the applicant was exonerated on merits in departmental proceedings after a full-fledged inquiry, in which the consolidation records and the material collected by the Economic Offences Wing were examined. According to counsel, both the departmental proceedings and the criminal case arise from alleged irregularities in the consolidation operations of the same village.
Counsel further claimed protection under Section 49-A of the U.P. Consolidation of Holdings Act, 1953, submitted that the order giving rise to the proceedings had already been affirmed by a higher court, and pointed out that the charge sheet was filed on 14.01.2026 on an FIR lodged in 2006.
Additional Government Advocate Vishwas Saraswat, appearing for the State, opposed the plea, contending that the charges under the Prevention of Corruption Act are serious and that the applicant can defend himself during trial.
Court’s Order
Observing that “The matter requires consideration”, the Court issued notice to opposite party no. 2, returnable at an early date, and directed steps for service within seven working days.
The State was granted four weeks to file a counter affidavit, with two weeks thereafter for the applicant to file a rejoinder. As an interim measure, Justice Rizvi directed that till the next date of listing, “no coercive step shall be taken against the applicant” pursuant to the case crime and the summoning order.
The matter will be listed after the expiry of the time granted for pleadings.
Case Title: Rajendra Prasad Yadav vs. State of U.P. Thru. The Prin. Secy. Home Deptt. Lko. and Another
Case No.: Application U/S 528 BNSS No. 6714 of 2026
Bench: Justice Syed Qamar Hasan Rizvi
Date: October 26, 2026
