ANIL KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Counter-Affidavit filed today by the Investigating Officer on behalf of the State is taken on record. The Investigating Officer states that the investigation is still pending. The Investigating Officer shall again be present on the next date of listing and inform this Court about the progress made in completing the investigation.

(2.) Another issue raised in this petition is for issuance of directions for taking steps for expediting the process of producing or directing the accused to appear before the Magistrate concerned at the time of submission of the report under Section 173(2), Cr. P.C.

(3.) The tardiness of the investigating and the trial process is not only violative of the Fundamental Rights of an accused for a speedy trial under Article 21 of the Constitution of India, but it is also prejudicial to the prosecution. If the trial is allowed to be prolonged for a long period of time, the witnesses lose interest or they are won over by the accused and justice is the casualty in either case.