The central legal point established in the judgment is the importance of ensuring the accused's presence during the submission of the report under section 173(2) Cr.P.C., the need for expeditious trial proceedings, and the compliance with the legislative mandate.

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.

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.

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.

Specifically by the earlier two orders dated 7.1.2013 and 17.1.2013, we had directed the State for issuance of the circular at the level of the police for ensuring that the accused is present when the police submit a report under section 173(2) Cr.P.C. for complying with the mandate of sections 170(1), 173(2), 41 and 470(4)(b) Cr.P.C. in letter and spirit and also for ensuring that the accused appear before the trial court at the time when the report under section 173(2) Cr.P.C. is submitted against them so that the trial may commence against them without hindrance. In case the accused has been directed to appear before the Magistrate on the date when the report under section 173(2) Cr.P.C. is to be submitted and he fails to appear, then it is expected that the police and also the concerned Magistrate will take all coercive steps for the arrest of the accused by initiating proceedings under sections 82 and 83 Cr.P.C. and taking all the necessary and consequential coercive steps for arresting the accused. It is expected that different directions would be needed if the accused have never been arrested and no order staying their arrest is operative, if the accused have already allowed bail, or if an order staying their arrest till submission of charge sheet is operative.

As we have been finding that a very significant part of the delay in trial takes place after the reports under section 173(2) Cr.P.C. are filed in the Magistrate's Court without producing the accused or directing the accused to appear before the court concerned on the date the charge sheet is submitted. Thereafter the police disassociate themselves from the matter and the case goes into the back burner either because of routine or systemic delays or because of the wily connivance of the accused with the officials, who prevent the report under section 173(2) Cr.P.C. being placed before the Magistrate concerned for long periods of times, which in some cases extends to one or two years.

Issuance of a circular by the DGP for meeting the aforesaid contingency was, therefore, directed by the previous order. The learned Government Advocate and AGA pointed out that such a circular is under preparation by the police authorities and they have sought some further time for issuance of the same.

We, therefore, want the Director General of Police to get a comprehensive circular issued by the next listing for ensuring that either the accused are arrested or they are given notice to appear before the Magistrate concerned on the date fixed for submitting the report under section 173(2) Cr.P.C as per the requirement in different situations alluded to above.

The other issue raised in this case relate to the problem of supplying of copies of the police report required under section 207 Cr.P.C. simultaneously with the production or the appearance of the accused before the Magistrate concerned on the date when the report under section 173(2) Cr.P.C. is submitted.

We had asked the learned AGA to e