The right to a speedy trial is a fundamental right under Article 21 of the Constitution, encompassing all stages of criminal proceedings and essential to prevent undue incarceration.

JUDGMENT :

N.S. Shekhawat, J.

1. The petitioner has filed the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to issue directions to the trial Court to decide the application for discharge filed by Lakshkant in a case bearing CHI No. 69412 of 2022, arising out of the FIR No. 212 dated 10.08.2022 registered under Sections 408, 420 IPC (Sections 120-B, 465, 467, 468 and 471 IPC added later on) at Police Station Division No. 6 Ludhiana (Annexure P-2). A further prayer has also been made to issue directions to the trial Court to conclude the trial in a time bound manner.

2. Learned counsel for the petitioner contends that initially a complaint was moved against the accused with the allegations that they had defrauded the Company by siphoning off the funds and had caused unlawful loss to the Company. It was also alleged that unauthorized transactions had been made by transferring the funds of the Company to the personal bank account of the accused as well as their family members. Ultimately, FIR No. 212 dated 10.08.2022 Police Station Division No. 6, Ludhiana, was registered against the accused/respondents in the present case. During the course of investigation, sufficient evidence was found against the accused and the police finally presented a report under Section 173 Cr.P.C. before the Area Magistrate on 07.12.2022. After the presentation of the challan, exemption application was filed by Anjali, accused and the challan could not be handed over to her. On the next date, another application for exemption from personal appearance was moved by Lakshkant accused. On the next date, an application for exemption from personal appearance was filed by Hira Devi, accused. Similarly, some times, the accused did not appear on their own or they were not produced by the jail authorities before the trial Court. Later, just to delay the proceedings before the trial Court, separate discharge applications were moved by different accused. Learned counsel further contends that the FIR in the present case was registered on 10.08.2022 and the challan was presented on 07.12.2022. However, for the last two years, the accused are adopting the delaying tactics, just to ensure that the trial does not proceed before the trial Court. Consequently, appropriate directions may be issued to the trial Court to decide the discharge applications filed by various accused and to decide the main trial also in a time bound manner.

3. Notice of motion.

4. On the asking of Court, Mr. I.P.S. Sabharwal, DAG, Punjab accepts notice on behalf of respondent-State.

5. I have heard learned counsel for the petitioner as well as learned State counsel and perused the record.

6. In view of the fact that only limited prayer has been for issuance of directions to the learned trial Court to decide the aforesaid case in a time bound manner and any order passed by this Court is not likely to prejudice respondents No. 2 to 6 in any manner, consequently, this Court deems it appropriate not to issue notice to respondents No. 2 to 6, at this stage, which would also save the time, energy and expenses of the respondents also.

7. The Hon’ble Supreme Court, while dealing with the scope of speedy trial and emphasizing that the speedy trial is one of the most important facets of the fundamental rights to life and liberty enshrined in Article 21, held in the matter of Kartar Singh Vs. State of Punjab, 1994 (2) RCR 169 as follows:

“Speedy Trial

89. The right to a speedy trial is a derivation from a provision of Magna Carta. This principle has also been incorporated into the Virginia Declaration of Rights of 1776 and from there into the Sixth Amendment of the Constitution of United States of America which reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...…

90. It may be pointed out, in this connection, that there is a Federal Act of 1974 called ‘Speedy Trial Act’ establishing a set of time-limits for carrying o