Allahabad High Court
CHANDRADEO YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court permitted the applicant to move a discharge application before the concerned court and disposed of the Section 528 application.
Summary
The applicant filed an application under Section 528 of the CrPC seeking to quash a charge sheet dated 17-10-2006 and the related proceedings in S.S.T. No.12 of 2014, which involved offences under Sections 409, 467, 468, 420, 471, 120B of the IPC and Section 5(2) of the Prevention of Corruption Act. The State, represented by the A.G.A., raised no objection to the relief sought. The High Court, after hearing counsel, directed that the applicant be allowed to approach the concerned court within 15 days to move an application for discharge. The court ordered the concerned court to decide the discharge application on merits expeditiously. Consequently, the Section 528 application was disposed of.
Issues considered
- Whether the High Court can permit the applicant to move a discharge application before the court handling the original criminal proceedings under Section 528 CrPC.
- Whether the application for quashing the charge sheet and proceedings should be entertained.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120B, 409, 420, 467, 468, 471
- Prevention of Corruption Act — s. 5(2)
Subjects
- Section 528
- quashment
- charge sheet
- discharge application
- Allahabad High Court
- corruption
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39158 of 2026
Chandradeo Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Kumar Yadav, Shiv
Ram Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant and learned AGA for
the State.
2. This application has been filed by applicant for quashing the
and quash the charge sheet dated 17.10.2006 as well as entire
proceeding of S.S.T. No. 12 of 2014 (State Vs. Shivdas Ram
and Others) under sections 409, 467, 468, 420, 471, 120B
I.P.C. and section 5(2) 13(Gha)(2) of Prevention of Corruption
Act, Police Station Chhawnai, District Basti pending in the
court of Additional Sessions Judge/Prevention of Corruption of
Act, Basti arising out of Case Crime No. 109 of 1987 and the
summoning order dated 24.04.2014 as well as entire
proceedings.
3. After some argument, learned counsel for the applicant prays
that applicants may be permitted to move appropriate
application before the Court concerned for discharge.
4. Learned A.G.A. for the State has no objection to the
aforesaid prayer made by learned counsel for the applicant.
5. Considering the facts and circumstances of the case, the
applicant is permitted to appear before the concerned court
within 15 days from today and move an application claiming
NA528 No. 39158 of 2026
2
discharge. The concerned court shall after hearing the counsel
decide the application on merits, in accordance with law
expeditiously.
6. With the above observations, this application stands
disposed of.
September 23, 2026
Bhaskar
(Vikram D. Chauhan,J.)
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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