Accused persons also have right to speedy trial: Allahabad High Court

Speedy trial is a right not only of complainant but also of the accused persons, the Allahabad High Court recently observed while quashing a 24-year-old criminal case against certain individuals [Dr. Meraj Ali & Anr v State of UP]. .Justice Saurabh Shyam Shamshery expressed anguish that unnecessary and baseless criminal proceedings were pending since 1998, i.e. for about 24 years and had reached only up to the stage of discharge application."Since this Court has quashed the proceedings but after 24 years, therefore, the suffering of accused persons/ applicants cannot be compensated. Speedy trial is a right not only of complainant but accused persons also. There is no explanation why the proceedings are reached only upto the stage of discharge application after a lapse of more than two decades," the Court said. Speedy trial is an integral part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution, the Court added..The Court was dealing with a case in which a First Information Report was filed in the year 1999 against the accused for offences under Sections 420 (cheating and dishonestly inducing delivery of property), 467 (forgery) and 468 (forgery for purpose of cheating) of the Indian Penal Code (IPC). After the investigation charge sheet was filed on November 11, 2000 and cognizance was also taken. The applicants later filed an application for discharge on December 23, 2021 which was rejected by the lower court way of an order dated March 9, 2022..The High Court set aside the order of lower court, stating that it was evident that criminal proceedings initiated against applicants were mala fide.Proceedings were maliciously instituted with an ulterior motive for wreaking vengeance on applicants with a view to spite them due to private and personal grudge, the Court said..The Court also noted that even after a lapse of 24 years, there was no explanation as to why the proceedings reached up only to the stage of discharge application.It, therefore, directed the trial courts to undertake endeavour that every criminal proceedings shall be concluded expeditiously."It appears that due to one or other reasons the directions are not followed in letter and spirit. Therefore, the trial courts are directed to undertake endeavour that every criminal proceedings shall be concluded expeditiously, as speedy trial is a right of both complainant and accused persons," the Court said.Advocate Pradeep Kumar Upadhyay represented applicants while advocate Suresh Chandra Dwivedi represented State..[Read Order]