Disposed

Radheshyam Chauhan v. State of U.P. and Another

Allahabad HC5 Dec 2025NA528/48489/2025

Case brief

AI extract

What is this about?

Counsel argued a 19-year investigation delay violated the applicant's right to a speedy trial. The Court directed the State to file a counter affidavit explaining the delay within two weeks. Further proceedings in a pending corruption trial against the applicant are stayed pending the next date.

What did the court decide?

Directed State to file counter affidavit within two weeks disclosing reasons for delay in investigation. Stayed further proceedings in connected corruption trial.

Radheshyam Chauhan vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 48489 of 2025

Radheshyam Chauhan

.....Applicant(s)

Versus

State of U.P. and Another

¶7

.....Opposite Party(s)

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Counsel for Applicant(s)	: Munib Singh Chauhan
Counsel for Opposite Party(s)	: G.A.

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Court No. - 73

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HON'BLE SAMEER JAIN, J.

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Heard Sri M.S.Chauhan, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State.

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Learned counsel for the applicant submits that applicant was Gram Vikas Adhikari and he along with others has been made accused in the present matter with the allegation that he along with other accused misappropriated the public fund relating to Sampurna Rojgar Gramin Yojna but entire allegations levelled against the applicant are totally false.

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He next submits that even from the perusal of the FIR and other material available on record it reflects that on the basis of general and omnibus allegation all the accused including applicant have been roped in the present matter.

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He further submits that FIR of the present case was lodged in the year 2006 and investigation continued upto the year 2025 and charge sheet was filed in the year 2025, therefore, investigation continued for 19 years and, therefore, fundamental right of speedy trial of the applicant has been violated.

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He placed reliance on the judgment of the Apex Court in the case of Pankaj Kumar Vs. State of Maharshtra and others, 2008(16) SCC 117.

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Considering the fact that investigation of the case continued for 19 years and the observations made by the Apex Court in the case of Pankaj Kumar (supra) , in my view, matter requires consideration.

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NA528 No. 48489 of 2025

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As opposite party no.2, the informant of the case, is the Inspector, EOW, CBCID and State has already received notice, therefore, there is no need to issue separate notice to him.

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State may file counter affidavit within two weeks disclosing the reasons of delay in investigation .

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Connect the instant applicant with Application U/S 528 BNSS No.28339 of 2023 (Arjun Ram Vs. State and another).

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List this case along with the connected matter on 15.12.2025 amongst top ten cases in the category of daily cause list.

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Till the next date of listing, further proceedings of Special Trial No.569 of 2022 (State of U.P. Vs. Kuldeep Singh and others) arising out of Case Crime No.40A of 2006, under Sections 409,420,467,468,471, 120B and 34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Nagra, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi pending against the applicant shall remain stayed.

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(Sameer Jain,J.)

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December 5, 2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Radheshyam Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Radheshyam Chauhan v. State of U.P. and Another

Case brief

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What did the court decide?

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