CHHABI LAL YADAVversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 10550 of 2026

Chhabi Lal Yadav
                                                             .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                     :   Gopal Krishna Pandey
Counsel for Opposite Party(s)                :   Subedar Shukla, G.A.

Court No. - 80
                  HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Gopal Krishna Pandey, learned counsel for the applicant,
Mr. Subedar Shukla, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.

2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the entire proceeding of Case
Crime No.539 of 2019 (State vs. Chhabilal Yadav), under Sections 419,
420 and 409 I.P.C., Police Station-Kotwali Nagar, District-Mau including
Charge Sheet dated 21.06.2020 as well as cognizance/summoning order
dated 12.12.2025 passed by learned Chief Judicial Magistrate, Mau and to
stay the further proceedings of the aforesaid Case Crime.

3. Learned counsel for the applicant submits that the applicant has
rendered his service as District Consultant in the 'Swachh Bharat Mission'
on a contract basis and no financial power was assigned to the applicant.
It has also been submitted that the allegations of embezzlement against
the applicant are false and frivolous.

4. From the perusal of the material on record and looking into the facts of
the case, at this stage, it cannot be said that no offence is made out against
the applicant. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse
of procedure, this power may be exercised to prevent the abuse of process
to secure the ends of justice.
                                                                                           NA528 No. 10550 of 2026
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                                    5. Accordingly, prayer for quashing is declined.

                                    6. In case, the applicant is not on bail, it is directed that if the applicant
                                    appears or surrenders through counsel before the Trial Court and makes
                                    an application for bail within 45 days from the date of the order, the same
                                    shall be considered and disposed of expeditiously, after giving
                                    opportunity to the other side.

                                    7. Further, it is provided that in case the applicant moves an application for
                                    discharge at an appropriate stage through counsel, the same shall be disposed
                                    of by the Trial Court by a reasoned and speaking order in accordance with
                                    law within six weeks thereafter.

                                    8. For a period of 45 days or till the disposal of the discharge application,
                                    whichever is earlier, no coercive measures shall be taken against the
                                    applicant in the aforesaid case.

                                    9. With the aforesaid direction, this application is disposed of.



                                                                                       (Nand Prabha Shukla,J.)
                                    September 8, 2026
                                    Shivani Sri.




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad