Om Prakash Ram and 2 Others vs State of U.P. and Another

2. Heard Sri Manoj Yadav, learned counsel for the applicants and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Ajay Singh, learned A.G.A.-I and Sri Vikas Sahai, learned A.G.A.-I for State and perused the records.

¶12

3. The present application under Section 528 B.N.S.S. has been filed by the applicants- Om Prakash Ram, Ravi Shankar Tiwari and Vikrama Ram, with the prayer to allow the present application and quash the entire proceedings as well as charge-sheet dated 18.09.2025 & cognizance/summoning order dated 03.11.2025 in Special Trial No. 852 of 2025 (State Vs. Sunil Kumar and others) arising out of Case Crime No. 49 of 2006, under Sections 409, 420, 467, 468, 471, 477-A, 120-B, 34 I.P.C. and under Section 13(2) of Prevention of Corruption Act, Police Station Gadwar, District Ballia, pending in the court of Additional District & Sessions Judge / Special Judge (Prevention of Corruption Act), Special Court No.1, Varanasi, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application.

¶13

4. Learned counsel for the applicants has produced before the Court judgement dated 16.12.2025 passed by a co-ordinate Bench of this Court in Application U/S 482 No. 39496 of 2023 (Arjun Ram Vs. State of U.P. and another) which was connected with 51 other petitions by which on the ground of delay in the investigation the Bench concerned has quashed the proceedings, the copy of the said order is taken on record which reads as

¶14

NA528 No. 50657 of 2025

¶15

2

¶16

under:-

¶17

"1. As in all these matters similar allegations have been made against applicants and same issue is involved in all the matters, therefore, all the applications are being heard and disposed off by a common order.

¶18

2. Heard learned counsel for applicants and Sri Vijay Kumar and Dr. S.B. Maurya, learned AGAs-I for the State.

¶19

3. Applicants made the following prayers:-

¶20

"(i) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No.5B of 2020 dated 30.01.2020 as well as cognizance and summoning order dated 05.10.2023 and Special Trial No. 10 of 2019 arising out of Case Crime No. 66B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Bairiya, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Ist, Varanasi .

¶21

(ii) Applicants Vijendra Singh, Lallan Rai, Bheem and Shahnawaj Ansari have filed the instant application with a prayer to quash the charge-sheet dated 08.10.2018 in Case Crime No. 34A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 120B/34 IPC, Police Station Narahi, District Ballia.

¶22

(iii) Applicant Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary has filed the instant application with a prayer to quash the charge-sheet No.7B of 2014 dated 31.12.2022 as well as cognizance and summoning order dated 06.07.2023 passed by Special Judge (Prevention of Corruption Act) Ist, Varanasi in Special Trial No. 61 of 2023 arising out of Case Crime No. 41A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Sukhpura, District Ballia.

¶23

(iv) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 08.11.2019 as well as summoning order dated 10.12.2019 passed by Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi in Special Case No. 07 of 2019 arising out of Case Crime No. 20 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Haldi, District Ballia.

¶24

(v) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 15.03.2018 as well as summoning order dated 10.12.2019 passed by Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi in Special Case No. 08 of 2019 arising out of Case Crime No. 45B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Sikandarpur, District Ballia.

¶25

(vi) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 08.11.2019 as well as summoning order dated 10.12.2019 passed by Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi in Special Case No. 12 of 2019 arising out of Case Crime No. 82 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Ubhanw, District Ballia.

¶26

(vii) Applicant Arun Kumar Mishra has filed the instant application with a prayer to quash the charge-

¶27

NA528 No. 50657 of 2025

¶28

3

¶29

sheet No. 17 of 2019 dated 05.12.2019 as well as cognizance order dated 10.11.2023 and Special Trial No. 823 of 2023 arising out of Case Crime No. 57B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Revati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶30

(viii) Applicants Surya Mukhi Yadav, Sudarshan Yadav, Lalchandra Pandey, Ram Pratap Singh, Rajbahadur, Satya Narayan Prasad, Harihar Yadav, Rajendra Prasad Singh, Chhedi Ram, Sikil Chandra Prasad, Babban Yadav and Sri Kishun Verma have filed the instant application with a prayer to quash the proceeding of Special Trial No. 725 of 2023 and Charge-sheet dated 07.10.2023 arising out of Case Crime No. 48A of 2006 as well as cognizance order dated 12.10.2023, under Sections 409, 420, 467, 468, 471, 120B/34 IPC, Police Station Gadwar, District Ballia pending in the court of Special Judge, Court No.1, Varanasi.

¶31

(ix) Applicants Changur Ram and Ved Ratan Ram have filed the instant application with a prayer to quash the charge-sheet No. 16A of 2019 dated 29.05.2021 as well as cognizance and summoning order dated 31.05.2022 in Special Trial No. 12 of 2019 arising out of Case Crime No. 82 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC, Police Station Ubhaon, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶32

(x) Applicant Smt. Geeta Devi has filed the instant application with a prayer to quash the charge-sheet No. 50A of 2021 dated 02.05.2022 as well as summoning order dated 12.05.2022 in Special Trial No. 569 of 2022 arising out of Case Crime No. 40A of 2006, under Sections 409, 420, 467, 468, 471, 120B/34 IPC, Police Station Nagra, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶33

(xi) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 14.05.2022 as well as summoning order dated 18.06.2022 in Special Case No. 11 of 2019 arising out of Case Crime No. 66 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Bairiya, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶34

(xii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 01.04.2021 as well as summoning order dated 27.05.2022 in S. T. No. 631 of 2022 arising out of Case Crime No. 36 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Maniyar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶35

(xiii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 13.05.2022 as well as summoning order dated 10.11.2023 in Special Trial No. 823 of 2023 arising out of Case Crime No. 57B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶36

(xiv) Appellants Kiran Devi, Ram Narain, Shivji Prasad, Satya Dev, Ram Ashish, Raj Narain Yadav @ Rajnath Yadav and Udaibhan Pandey have filed the instant application with a prayer to quash the

¶37

NA528 No. 50657 of 2025

¶38

4

¶39

cognizance order dated 28.09.2020 in Special Trial No. 626 of 2020 arising out of Case Crime No. 49A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC, Police Station Gadwar, District Ballia pending in the court of Special Judge (P.C. Act) Court No.1, Varanasi.

¶40

(xv) Appellants Smt. Sona Devi and Smt. Indu Devi have filed the instant application with a prayer to quash the Charge-sheet No. 05A of 2021 dated 02.05.2022 as well as cognizance and summoning order dated 12.05.2022 and Special Trial No. 569 of 2023 arising out of Case Crime No. 40A of 2006, under Sections 409, 420, 467, 468, 471, 120B/34 IPC, Police Station Nagara, District Ballia pending in the court of Special Judge (P.C. Act) Court No.1, Varanasi.

¶41

(xvi) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 15.03.2018 as well as summoning order dated 26.08.2022 and Special Case No. 978 of 2022 arising out of Case Crime No. 57A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶42

(xvii) Applicant Amreshwar Singh has filed the instant application with a prayer to quash the charge-sheet dated 01.04.2021 as well as summoning order dated 27.05.2022 and Special Trial No. 631 of 2022 arising out of Case Crime No. 36 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Maniyar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶43

(xviii) Applicant Ram Kishun Ram @ Ram Kishun has filed the instant application with a prayer to quash the charge-sheet dated 12.05.2022 as well as summoning order dated 26.08.2022 and S.T. No. 978 of 2022 arising out of Case Crime No. 57A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶44

(xix) Applicant Kedar Prasad @ Kedar Prasad Gupta has filed the instant application with a prayer to quash the charge-sheet dated 05.12.2022 as well as summoning order dated 06.04.2023 and Special Case No. 978 of 2022 arising out of Case Crime No. 57A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶45

(xx) Applicant Vimal Kumar Shukla has filed the instant application with a prayer to quash the Special Trial No. 631 of 2022 arising out of Case Crime No. 36 of 2006 as well as cognizance order dated 17.05.2022, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Maniyar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶46

(xxi) Applicant Ram Kishun Ram @ Ram Kishun has filed the instant application with a prayer to quash the charge-sheet dated 07.01.2021 as well as summoning order dated 219.04.2023 and Special Trial No. 07 of 2029 arising out of Case Crime No. 20 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Haldi, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶47

NA528 No. 50657 of 2025

¶48

5

¶49

(xxii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 03.07.2020 as well as summoning order dated 24.06.2023 and Special Trial No. 06 of 2019 arising out of Case Crime No. 18 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Dokati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶50

(xxiii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 28.05.2019 as well as summoning order dated 10.12.2019 and Special Case No. 10 of 2019 arising out of Case Crime No. 66B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Bairiya, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶51

(xxiv) Applicant Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary has filed the instant application with a prayer to quash the charge-sheet No.2D of 2018 dated 03.10.2022 as well as cognizance and summoning order dated 06.04.2023 and Special Trial No. 978 of 2022 arising out of Case Crime No. 57A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Reoti, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶52

(xxv) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No. 14A of 2019 dated 03.07.2020 as well as cognizance and summoning order dated 24.06.2023 and Special Trial No. 06 of 2019 arising out of Case Crime No. 18 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Dokati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶53

(xxvi) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 15.03.2018 as well as summoning order dated 06.07.2023 and Special Case No. 61 of 2023 arising out of Case Crime No. 41A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Sukhpura, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶54

(xxvii) Applicant Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary has filed the instant application with a prayer to quash the charge-sheet No. 16E of 2019 dated 23.09.2022 as well as cognizance and summoning order dated 26.09.2022 and Special Trial No. 12 of 2019 arising out of Case Crime No. 82 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Udhaon, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶55

(xxviii) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No. 16F of 2019 dated 27.09.2022 as well as cognizance and summoning order dated 23.11.2022 and Special Trial No. 12 of 2019 arising out of Case Crime No. 82 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Udhaon, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶56

(xxix) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No. 7B of 2014 dated 31.12.2022 as well as cognizance and summoning order dated 06.07.2023 and Special

¶57

NA528 No. 50657 of 2025

¶58

6

¶59

Trial No. 61 of 2023 arising out of Case Crime No. 41A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Sukhpura, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶60

(xxx) Applicant Ravi Kumar has filed the instant application with a prayer to quash the charge-sheet dated 12.05.2022 as well as summoning order dated 26.08.2022 and Session Case No. 978 of 2022 arising out of Case Crime No. 57A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶61

(xxxi) Applicant Surendra Nath Mishra has filed the instant application with a prayer to quash the charge-sheet dated 14.08.2023 as well as summoning order dated 05.11.2024 and Special Trial No. 1032 of 2024 arising out of Case Crime No. 66A of 2006, under Sections 409, 419, 420, 467, 468, 471, 120B, 218, 201, 34 IPC and 13(2) P.C. Act, Police Station Bairiya, District Ballia pending in the court of Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶62

(xxxii) Applicant Ramendra Yadav has filed the instant application with a prayer to quash the cognizance order dated 07.10.2020 as well as proceeding of Special Trial No. 02 of 2018 arising out of Case Crime No. 34A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Narhi, District Ballia pending in the court of Special Judge (P.C. Act), Court No.1 Varanasi.

¶63

(xxxiii) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No.2C of 2019 dated 14.11.2019 as well as cognizance order dated 07.10.2020 passed by Special Judge (Prevention of Corruption Act), Court No.1, Varanasi in Special Trial No. 04 of 2019 arising out of Case Crime No. 56B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and Section 13(2) P.C. Act, Police Station Rasra, District Ballia.

¶64

(xxxiv) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 19.01.2019 as well as summoning order dated 26.09.2019 passed by Special Judge (Prevention of Corruption Act) Special Court No.1 Varanasi in Special Case No. 04 of 2019 arising out of Case Crime No. 56B of 2006, under Sections 409, 419, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and Section 13(2) P.C. Act.

¶65

(xxxv) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 19.01.2019 as well as summoning order dated 28.09.2019 passed by Special Judge (Prevention of Corruption Act) Special Court No.1 Varanasi in Special Case No. 626 of 2020 arising out of Case Crime No. 49A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and Section 13(2) P.C. Act.

¶66

(xxxvi) Applicant Vikas Kumar has filed the instant application with a prayer to quash the Special Trial No. 14 of 2019 arising out of Case Crime No. 48-kha of 2006 as well as cognizance order dated 11.12.2019, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and 13(2) P.C. Act, Police Station Gadwar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act)

¶67

NA528 No. 50657 of 2025

¶68

7

¶69

Court No.1, Varanasi.

¶70

(xxxvii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 19.01.2019 as well as summoning order dated 11.12.2019 and Special Case No. 14 of 2019 arising out of Case Crime No. 48-B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 201, 120B/34 IPC and 13(2) P.C. Act, Police Station Gadwar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶71

(xxxviii) Applicant Ram Adhar Kushwaha has filed the instant application with a prayer to quash the charge-sheet No. 2C of 2018 dated 15.02.2023 as well as cognizance and summoning order dated 06.02.2024 and Special Trial No. 999 of 2022 arising out of Case Crime No. 56A of 2006, under Sections 409,, 420, 467, 468, 471, 120B/34 IPC and 13(2) P.C. Act, Police Station Rasra, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶72

(xxxix) Applicant Arjun Ram has filed the instant application with a prayer to quash the charge-sheet No. 2C of 2018 dated 05.12.2019 as well as cognizance and summoning order dated 10.11.2023 and Special Trial No. 823 of 2023 arising out of Case Crime No. 57B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Rewati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶73

(xl) Applicant Kameshwar Rai has filed the instant application with a prayer to quash the charge-sheet No. 08 of 2023 dated 03.04.2023 as well as cognizance and summoning order dated 26.04.2023 and Special Trial No. 320 of 2023 arising out of Case Crime No. 46 of 2006, under Sections 409, 420, 467, 468, 471, 120B/34 IPC and 13(2) P.C. Act, Police Station Sikandarpur, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶74

(xli) Applicants Sita Ram Singh, Navanath Ojha, Yogendra Nath Ojha and Chandrawati Devi have filed the instant application with a prayer to quash the charge-sheet No. 15D of 2019 dated 20.01.2025 as well as cognizance and summoning order dated 05.06.2025 and Special Trial No. 07 of 2019 arising out of Case Crime No. 20 of 2006, under Sections 409, 419, 420, 467, 468, 471, 477A, 120B/34 IPC, Police Station Haldi, District Ballia pending in the court of Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶75

(xlii) Applicant Satyendra Singh Gangwar has filed the instant application with a prayer to quash the charge-sheet No. 08 of 2019 dated 03.08.2019 as well as cognizance order dated 27.05.2022 and Session Case No. 631 of 2022 arising out of Case Crime No. 36 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Maniyar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶76

(xliii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 03.08.2019 as well as summoning order dated 29.04.2025 and Special Trial No. 369 of 2025 arising out of Case Crime No. 42 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Sukhpura, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶77

NA528 No. 50657 of 2025

¶78

8

¶79

(xliv)Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 04.04.2019 as well as summoning order dated 24.05.2025 and Special Trial No. 480 of 2025 arising out of Case Crime No. 32 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Dubhar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶80

(xlv) Applicant Ram Aasre Yadav @ Ramashray Yadav has filed the instant application with a prayer to quash the charge-sheet dated 30.01.2020 as well as summoning order dated 05.10.2023 and Special Case No. 10 of 2019 arising out of Case Crime No. 66B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Bairiya, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶81

(xlvi) Applicant Lakshmi Narayan Chaudhary has filed the instant application with a prayer to quash the charge-sheet No. 7D of 2018 dated 26.08.2022 as well as cognizance order dated 06.04.2023 and Special Trial No. 13 of 2019 arising out of Case Crime No. 17 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Dokati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶82

(xlvii) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 09.11.2019 as well as summoning order dated 10.12.2019 and Special Case No. 13 of 2019 arising out of Case Crime No. 17 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Dokati, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶83

(xlviii)Applicant Hira Lal has filed the instant application with a prayer to quash the charge-sheet No. 12A of 2019 dated 12.09.2022 as well as cognizance order dated 11.07.2025 and Special Trial No. 09 of 2019 arising out of Case Crime No. 82-B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Udhaon, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶84

(xlix) Applicant Ram Murti Ram @ Ram Murti has filed the instant application with a prayer to quash the charge-sheet dated 06.11.2019 as well as summoning order dated 10.12.2019 and Special Case No. 09 of 2019 arising out of Case Crime No. 82-B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Udhaon, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶85

(xl) Applicant Kuldeep Singh has filed the instant application with a prayer to quash the charge-sheet No. 5A of 2021 dated 02.05.2022 as well as cognizance and summoning order dated 12.05.2022 and Special Trial No. 569 of 2022 arising out of Case Crime No. 40A of 2006, under Sections 409, 420, 467, 468, 471, 120B/34 IPC and 13(2) P.C. Act, Police Station Nagra, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi.

¶86

(li) Applicant Vijay Kumar Chaudhary has filed the instant application with a prayer to quash the chargesheet No. 2D of 2022 dated 20.10.2023 as well as cognizance and summoning order dated 01.12.2023 and Special Trial No. 999 of 2022 arising out of Case Crime No. 56A of 2006, under Sections 409, 420, 467,

¶87

NA528 No. 50657 of 2025

¶88

9

¶89

468, 471, 120B/34 IPC and 13(2) P.C. Act, Police Station Rasra, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Special Court No.1, Varanasi.

¶90

(lii) Applicant Ashwani Kumar Srivastava has filed the instant application with a prayer to quash the Special Trial No. 626 of 2020 as well as cognizance order dated 28.09.2020 arising out of Case Crime No. 49A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) P.C. Act, Police Station Gadwar, District Ballia pending in the court of Special Judge (Prevention of Corruption Act) Court No.1, Varanasi."

¶91

4. Learned counsels for the applicants submitted that all the instant applications are being pressed on the sole ground that investigation of all the cases continued for more than a decade and therefore fundamental right of speedy trial of the applicants have been violated.

¶92

5. They further submits, FIRs of all these matters were lodged in the year 2006 and charge-sheets in all these cases were filed after the year 2019 and therefore investigation of all these cases continued for more than twelve years and therefore fundamental right of speedy trial of applicants have been violated.

¶93

6. They further submitted that law is by far now settled that delay in investigation should also be considered while considering the fact whether fundamental right of speedy trial of accused has been violated or not. They placed reliance on the judgment of the Apex Court in the case of Pankaj Kumar Vs. State of Maharashtra and others 2008 (16) SCC 117. They further submitted that even recently the Apex Court in the case of Robert Lalchungnunga Chongthu @ R L Chongthu Vs. State of Bihar 2025 INSC 1339 also observed that where there is delay in conducting the investigation and prosecution failed to provide any explanation in this regard then on this ground prosecution pending against accused can be quashed.

¶94

7. They further submitted that in all the instant matters prosecution could not provide any explanation why investigation continued for more than twelve years.

¶95

8. They further submits, on the basis of general and omnibus allegations as many as 51 FIRs were lodged including FIR of the present cases in the year 2006 with the allegation that accused persons misappropriated the public fund relating to Sampurna Gramin Rojgar Yojna and in all these cases investigation continued for more than twelve years.

¶96

9. They further submitted that when some of the accused of above cases approached this Court for quashing of their proceedings on the ground that as investigation continued for more than a decade therefore their fundamental right of speedy trial has been violated then this Court in their applications vide Application U/S 528 BNSS No. 21588 of 2025 (Girish Pandey Vs. State of U.P. and others), Application U/S 528 BNSS No. 21594 of 2025 (Smt. Mangari Devi and others Vs. State of U.P. and others) and Application U/S 528 BNSS No. 21595 of 2025 (Radhey Shyam and others Vs. State of U.P. and others) after considering the fact that investigation of these cases continued for more than ten years quashed the proceedings pending against them and observation and findings recorded by this Court in above cases are equally applicable in the present cases.

¶97

10. They further submitted that therefore considering above facts proceedings pending against the

¶98

NA528 No. 50657 of 2025

¶99

10

¶100

applicants in aforesaid cases are also liable to be quashed.

¶101

11. Per contra, learned AGA opposed the prayer but could not dispute the fact that in all these matters investigation continued for more than ten years and State could not explain the delay of investigation. He further could not dispute that the observation made in Application U/S 528 BNSS No. 21588 of 2025 (Girish Pandey Vs. State of U.P. and others), Application U/S 528 BNSS No. 21594 of 2025 (Smt. Mangari Devi and others Vs. State of U.P. and others) and Application U/S 528 BNSS No. 21595 of 2025 (Radhey Shyam and others Vs. State of U.P. and others) are equally applicable in present matters.

¶102

12. I have heard both the parties and perused the record of the case.

¶103

13. Applicants challenged the proceedings pending against them on the sole ground that FIRs in all the cases have been lodged in the year 2006 but investigation continued for more than twelve years and charge-sheets in all the cases have been filed after 2019 and, therefore, their fundamental right of speedy trial has been violated. The law is settled that on the ground of violation of fundamental right of speedy trial, proceeding pending against an accused can be quashed. (See: Abdul Rehman Antulay Vs. R.S. Nayak 1992 CrLJ 2717).

¶104

14. Further, Seven Judges Constitution Bench of the Apex Court in the case of P. Ramachandra Rao Vs. State of Karnataka (2002) 4 SCC 578 also approved the law laid down by the Apex Court in Abdul Rehman Antulay case (supra) and observed that on the ground of violation of fundamental right of speedy trial, proceeding pending against an accused can be quashed.

¶105

15. Further, the Apex Court in the case of Pankaj Kumar (supra) held that the right of speedy trial is a fundamental right provided under Article 21 of the Constitution of India and this right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigation as well. The Apex Court further held that the right of speedy trial extends equally to all criminal persecutions and is not confined to any particular category of cases.

¶106

16. Recently, the Apex Court in the case of Robert Lalchungnunga Chongthu @ R L Chongthu (supra) also held that if there is violation of fundamental right of speedy trial and there is delay in investigation then proceedings pending against an accused can be quashed however Apex Court further observed that an explanation should be called from the State in this regard. In the present matter, however explanation was called from the State but State could not provide any explanation on the delay in investigation. Further, there is no material on record which can suggests that applicants were responsible in delay in investigation.

¶107

17. Further, however, all the instant matters relate to provisions of Prevention of Corruption Act but Apex Court in the case of Ramanand Chaudhary Vs. State of Bihar and others AIR 1994 SC 948 quashed the proceedings relate to provisions of Prevention of Corruption Act on the ground that there is delay of 13 years in granting sanction and even Apex Court in the case of Mahendra Lal Das Vs. State of Bihar 2002 (1) SCC 149 also quashed the proceedings pending against the accused in case relating to Prevention of Corruption Act on the ground of delay in investigation.

¶108

18. Further, the Apex Court in its celebrated decision in the case of Hussainara Khatoon and others Vs.

¶109

NA528 No. 50657 of 2025

¶110

11

¶111

Home Secretary State of Bihar (1980) 1 SCC 81 also observed that right of speedy trial is an integral and essential part of the fundamental right to life and liberty.

¶112

19. In the present matter as investigation of all the cases continued for more than a decade, therefore, there is inordinate delay in concluding the investigation and prosecution failed to explain the delay in investigation and even delay is not attributable to applicants, therefore, it reflects, fundamental right of speedy trial of the applicants have been violated.

¶113

20. Further, it appears, on the basis of general and omnibus allegations as many as 51 FIRs were lodged in the year 2006 including FIRs of present cases and in all the cases investigation continued for more than a decade and when some of accused of those cases approached in this Court for quashing of proceedings in the separate applications moved under Section 528 BNSS (details of applications has already noted in para-9) then this Court quashed their proceedings after considering the fact that as investigation continued for more than a decade therefore their fundamental right of speedy trial has been violated and observation made by this Court in above cases are equally applicable in these present matters.

¶114

21. Therefore, considering the facts and circumstances of the case discussed above, in view of this Court as in all the cases there is delay of more than 12 years in concluding the investigation and State could not provide any explanation of delay in investigation, therefore, fundamental right of speedy trial of the applicants have been violated and therefore proceeding pending against them are liable to be quashed.

¶115

22. Accordingly, proceedings pending against applicants in all the aforesaid cases are hereby quashed.

¶116

23. All the applications are allowed."

¶117

5. Further learned counsel for the applicants has produced before the Court judgement dated 15.12.2025 passed by the same co-ordinate Bench of this Court in Application U/S 528 BNSS No. 44173 of 2025 (Kapil Dev Ram @ Kapil Dev Vs. State of U.P. and another) which was connected with other petitions which has also been allowed by the said judgement & order on the ground of delay in the proceedings. The copy of the said order is also taken on record which reads as under:-

¶118

"1. As in all these matters similar allegations have been made against applicants and same issue is involved in all the matters, therefore, all the applications are being heard and disposed off by a common order.

¶119

2. Heard learned counsel for applicants and Sri Vijay Kumar, learned AGA-I for the State.

¶120

3. Applicants made the following prayers:-

¶121

"(a) Applicant Kapil Dev Ram @ Kapil Dev has filed the instant application with a prayer to quash the charge sheet dated 10.4.2025 and summoning order dated 7.8.2025 passed by the Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi as well as the entire proceeding of Special Trial No. 999 of 2022 arising out of case crime No. 56A of 2006, u/s 409, 420, 467, 468, 471, 120B/34 IPC and Section

¶122

NA528 No. 50657 of 2025

¶123

12

¶124

13(2) of PC Act, PS Rasra, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi.

¶125

(b) Applicant Ravi Bhushan Singh @ Ravi Bhushan Kumar has filed the instant application with a prayer to quash the charge sheet dated 9.4.2025 and summoning order dated 5.8.2025 passed by the Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi as well as the entire proceeding of Special Trial No. 679 of 2025 arising out of case crime No. 20A of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Haldi, District Ballia which is pending in the court of Special Judged (Anti Corruption Act), Special Court No. 1, Varanasi.

¶126

(c) Applicant Dukhi Prasad has filed the instant application with a prayer to quash the charge sheet dated 9.4.2025 and summoning order dated 5.8.2025 passed by the Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi as well as the entire proceeding of Special Trial No. 679 of 2025 arising out of case crime No. 20A of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Haldi, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi.

¶127

(d) Applicant Rajkeshwar Lal has filed the instant application with a prayer to quash the charge sheet No. 8/2025 dated 9.4.2025 as well as cognizance and summoning order dated 5.8.2025 passed by the Special Judge (Prevention of Corruption Act), Ist, Varanasi in Special Trial No. 679 of 2025 arising out of case crime No. 20A of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Haldi, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi as well as sanction order dated 21.8.2024.

¶128

(e) Applicant Bhagwan Ram @ Sri Bhagwan Rai has filed the instant application with a prayer to quash the charge sheet dated 9.4.2025 as well summoning order dated 5.8.2025 passed by the Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi in Special Trial No. 679 of 2025 arising out of case crime No. 20A of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Haldi, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi.

¶129

(f) Applicant Shashi Bhushan Sharma has filed the instant application with a prayer to quash the charge sheet No. 14/2019 dated 3.7.2020 as well cognizance and summoning order dated 24.6.2023 passed by the Special Judge (Prevention of Corruption Act), Ist. Varanasi in Special Trial No. 06 of 2019 arising out of case crime No. 18 of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Dokati, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act), Ist, Varanasi.

¶130

(g) Applicant Rajkeshwar Lal has filed the instant application with a prayer to quash the charge sheet No. 14A/2019 dated 3.7.2020 as well as cognizance and summoning order dated 24.6.2023 passed by the Special Judge (Prevention of Corruption Act), Ist. Varanasi in Special Trial No. 06 of 2019 arising out of case crime No. 18 of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Dokati, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act), Ist, Varanasi.

¶131

NA528 No. 50657 of 2025

¶132

13

¶133

(h) Applicants Vinod Kumar Singh, Shivji Ram, Jay Ram Singh, Balram Tiwari, Angad Singh have filed the instant application with a prayer to quash the charge sheet dated 18.9.2025 as well cognizance order dated 28.10.2025 as well as Special Trial No. 06 of 2019 arising out of case crime No. 18 of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Dokati, District Ballia which is pending in the court of Addition Sessions/Special Judge (Prevention of Corruption Act), Court No. 1, Varanasi.

¶134

(i) Applicant Jaisanker Singh has filed the instant application with a prayer to quash the charge sheet No. 05C/2021 dated 7.3.2025 cognizance/ summoning order dated 11.4.2025 as well as entire criminal proceedings of Special Trial No. 569 of 2022 arising out of case crime No. 40A of 2006, u/s 409, 420, 467, 468, 471, 120B/34 IPC and Section 13(2) of PC Act, PS Nagar, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act), Court No. 1, Varanasi.

¶135

(j) Applicant Ravi Kumar has filed the instant application with a prayer to quash the charge sheet dated 19.5.2021 and summoning order dated 29.4.2025 passed by the Special Judge (Anti Corruption Act) Special Court No. I Varanasi as well as entire criminal proceedings of Special Trial No. 369 of 2025 arising out of case crime No. 42 of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Sukhpura, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi.

¶136

(k) Applicant Manoj Kumar Rai has filed the instant application with a prayer to quash the charge sheet dated 9.4.2025 and summoning order dated 18.9.2025 passed by the Special Judge (Anti Corruption Act) Special Court No. I Varanasi as well as entire criminal proceedings of Special Trial No. 1058 of 2024 arising out of case crime No. 41B of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Sukhpura, District Ballia which is pending in the court of Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi.

¶137

(l) Applicant Arvind Kumar Maurya has filed the instant application with a prayer to quash the charge sheet No. 017 of 2019 dated 5.12.2009 and cognizance/summoning order dated 10.11.2023 as well as entire criminal proceedings of Special Sessions Trial No. 823 of 2023 arising out of case crime No. 57B of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Reoti, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act), Court No. 1, Varanasi.

¶138

(m) Applicant Pramod Kumar Srivastava has filed the instant application with a prayer to quash the charge sheet dated 3.7.2020 as well as cognizance order dated 24.6.2023and entire proceedings of of Special Trial No. 06 of 2019 arising out of case crime No. 18 of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Dokati, District Ballia which is pending in the court of Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 1, Varanasi.

¶139

(n) Applicant Ravi Kumar has filed the instant application with a prayer to quash the charge sheet dated 20.10.2023 and summoning order dated 15.5.2025 passed by the Special Judge (Anti Corruption Act), Special Court No. 1, Varanasi as well as entire proceedings of Special Trial No. 10 of 2019 arising out of case crime No. 66B of 2006, u/s 409, 420, 467, 468, 471, 477 A, 120B/34 IPC and Section 13(2) of PC Act, PS Bairiya, District Ballia which is pending in the court of Special Judge (Anti Corruption Act),

¶140

NA528 No. 50657 of 2025

¶141

14

¶142

Special Court No. 1, Varanasi.

¶143

(o) Applicant Radheshyam Chauhan has filed the instant application with a prayer to quash the charge sheet no. 5B of 2021 dated 15.2.2023 and cognizance/summoning order dated 30.5.2023, as well as entire criminal proceedings of Special Trial No. 569 of 2022 arising out of case crime No. 40A of 2006, u/s 409, 420, 467, 468, 471, 120B/34 IPC and Section 13(2) of PC Act, PS Nagra, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act), Court No. 1, Varanasi.

¶144

(p) Applicants Alakhdeo Bhakta and Hira Lal Chaudhary have filed the instant application with a prayer to quash the charge sheet no. 8B/19 dated 19.8.2021 and cognizance/summoning order dated 27.5.2022, as well as entire proceedings of Special Trial No. 631 of 2022 arising out of case crime No. 36 of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Maniyar, District Ballia which is pending in the court of Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Special Court No. 1, Varanasi.

¶145

(q) Applicant Shashi Bhushan Sharma has filed the instant application with a prayer to quash the charge sheet no. 8A/19 dated 1.4.2021 as well as cognizance order dated 27.5.2022 passed by learned Special Judge (Prevention of Corruption Act) Ist, Varanasi, as well as entire proceedings of Special Trial No. 631 of 2022 arising out of case crime No. 36 of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Maniyar, District Ballia which is pending in the court of Special Judge (Prevention of Corruption Act),Ist, Varanasi.

¶146

(r) Applicant Ravi Kumar has filed the instant application with a prayer to quash the charge sheet dated 25.10.2025 and summoning order dated 3.11.2025 passed by learned Special Judge (Anti Corruption Act) Special Court No. 1, Varanasi, as well as entire proceedings of Special Trial No. 480 of 2025 arising out of case crime No. 32A of 2006, u/s 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) of PC Act, PS Dubhar, District Ballia which is pending in the court of Special Judge (Anti Corruption Act),Special Court No. 1, Varanasi."

¶147

4. Learned counsels for the applicants submitted that all the instant applications are being pressed on the sole ground that investigation of all the cases continued for more than a decade and therefore fundamental right of speedy trial of the applicants have been violated.

¶148

5. They further submits, FIRs of all these matters were lodged in the year 2006 and charge-sheets in all these cases were filed after the year 2019 and therefore investigation of all these cases continued for more than twelve years and therefore fundamental right of speedy trial of applicants have been violated.

¶149

6. They further submitted that law is by far now settled that delay in investigation should also be considered while considering the fact whether fundamental right of speedy trial of accused has been violated or not. They placed reliance on the judgment of the Apex Court in the case of Pankaj Kumar Vs. State of Maharashtra and others 2008 (16) SCC 117. They further submitted that even recently the Apex Court in the case of Robert Lalchungnunga Chongthu @ R L Chongthu Vs. State of Bihar 2025 INSC 1339 also observed that where there is delay in conducting the investigation and prosecution failed to provide any explanation in this regard then on this ground prosecution pending against accused can be quashed.

¶150

NA528 No. 50657 of 2025

¶151

15

¶152

7. They further submitted that in all the instant matters prosecution could not provide any explanation why investigation continued for more than twelve years.

¶153

8. They further submits, on the basis of general and omnibus allegations as many as 51 FIRs were lodged including FIR of the present cases in the year 2006 with the allegation that accused persons misappropriated the public fund relating to Sampurna Gramin Rojgar Yojna and in all these cases investigation continued for more than twelve years.

¶154

9. They further submitted that when some of the accused of above cases approached this Court for quashing of their proceedings on the ground that as investigation continued for more than a decade therefore their fundamental right of speedy trial has been violated then this Court in their applications vide Application U/S 528 BNSS No. 21588 of 2025 (Girish Pandey Vs. State of U.P. and others), Application U/S 528 BNSS No. 21594 of 2025 (Smt. Mangari Devi and others Vs. State of U.P. and others) and Application U/S 528 BNSS No. 21595 of 2025 (Radhey Shyam and others Vs. State of U.P. and others) after considering the fact that investigation of these cases continued for more than ten years quashed the proceedings pending against them and observation and findings recorded by this Court in above cases are equally applicable in the present cases.

¶155

10. They further submitted that therefore considering above facts proceedings pending against the applicants in aforesaid cases are also liable to be quashed.

¶156

11. Per contra, learned AGA opposed the prayer but could not dispute the fact that in all these matters investigation continued for more than ten years and State could not explain the delay of investigation. He further could not dispute that the observation made in Application U/S 528 BNSS No. 21588 of 2025 (Girish Pandey Vs. State of U.P. and others), Application U/S 528 BNSS No. 21594 of 2025 (Smt. Mangari Devi and others Vs. State of U.P. and others) and Application U/S 528 BNSS No. 21595 of 2025 (Radhey Shyam and others Vs. State of U.P. and others) are equally applicable in present matters.

¶157

12. I have heard both the parties and perused the record of the case.

¶158

13. Applicants challenged the proceedings pending against them on the sole ground that FIRs in all the cases have been lodged in the year 2006 but investigation continued for more than twelve years and charge-sheets in all the cases have been filed after 2019 and, therefore, their fundamental right of speedy trial has been violated. The law is settled that on the ground of violation of fundamental right of speedy trial, proceeding pending against an accused can be quashed. (See: Abdul Rehman Antulay Vs. R.S. Nayak 1992 CrLJ 2717).

¶159

14. Further, Seven Judges Constitution Bench of the Apex Court in the case of P. Ramachandra Rao Vs. State of Karnataka (2002) 4 SCC 578 also approved the law laid down by the Apex Court in Abdul Rehman Antulay case (supra) and observed that on the ground of violation of fundamental right of speedy trial, proceeding pending against an accused can be quashed.

¶160

15. Further, the Apex Court in the case of Pankaj Kumar (supra) held that the right of speedy trial is a fundamental right provided under Article 21 of the Constitution of India and this right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police

¶161

NA528 No. 50657 of 2025

¶162

16

¶163

investigation as well. The Apex Court further held that the right of speedy trial extends equally to all criminal persecutions and is not confined to any particular category of cases.

¶164

16. Recently, the Apex Court in the case of Robert Lalchungnunga Chongthu @ R L Chongthu (supra) also held that if there is violation of fundamental right of speedy trial and there is delay in investigation then proceedings pending against an accused can be quashed however Apex Court further observed that an explanation should be called from the State in this regard. In the present matter, however explanation was called from the State but State could not provide any explanation on the delay in investigation. Further, there is no material on record which can suggests that applicants were responsible in delay in investigation.

¶165

17. Further, however, all the instant matters relate to provisions of Prevention of Corruption Act but Apex Court in the case of Ramanand Chaudhary Vs. State of Bihar and others AIR 1994 SC 948 quashed the proceedings relate to provisions of Prevention of Corruption Act on the ground that there is delay of 13 years in granting sanction and even Apex Court in the case of Mahendra Lal Das Vs. State of Bihar 2002 (1) SCC 149 also quashed the proceedings pending against the accused in case relating to Prevention of Corruption Act on the ground of delay in investigation.

¶166

18. Further, the Apex Court in its celebrated decision in the case of Hussainara Khatoon and others Vs. Home Secretary State of Bihar (1980) 1 SCC 81 also observed that right of speedy trial is an integral and essential part of the fundamental right to life and liberty.

¶167

19. In the present matter as investigation of all the cases continued for more than a decade, therefore, there is inordinate delay in concluding the investigation and prosecution failed to explain the delay in investigation and even delay is not attributable to applicants, therefore, it reflects, fundamental right of speedy trial of the applicants have been violated.

¶168

20. Further, it appears, on the basis of general and omnibus allegations as many as 51 FIRs were lodged in the year 2006 including FIRs of present cases and in all the cases investigation continued for more than a decade and when some of accused of those cases approached in this Court for quashing of proceedings in the separate applications moved under Section 528 BNSS (details of applications has already noted in para-9) then this Court quashed their proceedings after considering the fact that as investigation continued for more than a decade therefore their fundamental right of speedy trial has been violated and observation made by this Court in above cases are equally applicable in these present matters.

¶169

21. Therefore, considering the facts and circumstances of the case discussed above, in view of this Court as in all the cases there is delay of more than 12 years in concluding the investigation and State could not provide any explanation of delay in investigation, therefore, fundamental right of speedy trial of the applicants have been violated and therefore proceeding pending against them are liable to be quashed.

¶170

22. Accordingly, proceedings pending against applicants in all the aforesaid cases are hereby quashed.

¶171

23. All the applications are allowed."

¶172

6. Learned counsel for the applicants submits that in the present matter the

¶173

NA528 No. 50657 of 2025

¶174

17

¶175

first information report was lodged on 06.05.2006 whereas charge-sheet has been submitted on 18.09.2025 on which cognizance has been taken on 03.11.2025 and thus the investigation took about 19 years in reaching to its alleged logical conclusion subsequent to which the applicants have been summoned and thus looking to the delay in the same and delay in the investigation, the present proceedings also deserves to be quashed.

¶176

7. Learned counsels for the State pray for and are granted three weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

¶177

8. Let the matter be listed on 10.02.2026.

¶178

9. Till the next date of listing, the further proceedings shall remain stayed against the applicants in the aforesaid case.

¶179

10. The counter affidavit shall be filed by an Officer not below the rank of Additional Director General of Police of the concerned department who shall also address the issue as to who was the person responsible for taking 19 years in the matter for concluding the investigation and what was so alarming and so difficult in the matter which took so many years in the investigation to conclude.

¶180

January 8, 2026 AS Rathore

¶181

(Samit Gopal,J.)

¶182

Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Om Prakash Ram and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Om Prakash Ram and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

State of Up and Another vs Controlling Authority Under Payment of Gratuity Act 1972 and Asssistant Labour Commissioner Meerut

M/S Raj Brothers vs Principal Commissioner of Income Tax and 2 Others

Surendrapal vs State of U.P. and 3 Others

Suraj Singh vs Yunus Ali and 3 Others

Ramratan vs State of U.P. through Principal Secretary Home Government of U.P. at Lucknow and 3 Others

Likhi Ram vs State of U.P. and Another