No litigant has the option to have their case tried by a particular court, and making baseless allegations and creating hindrance in the justice dispensation system is not acceptable.

JUDGMENT :

1. Vide the present petition, the petitioner seeks directions as under:-

(i) To set aside the order dated 15.11.2019 passed by the Ld. Add., District & Session Judge, North West District, Rohini Courts, Delhi and order dated 14.11.2019 passed by Ms. Preeti Aggarwal Gupta, Ld. ASJ, Spl. FTC, Rohini Courts, in case FIR no. 985/2015, Police Station Shalimar Bagh;

(ii) Direct the trial to be conducted by the Ld. ASJ, Special Fast Track Court, North-West, Rohini.

(iii) Direct the trial court to expedite the trial in terms of the order of the Hon’ble Supreme Court.

2. The present petition is preferred due to allocation the matter to some other court on the application of the respondent no.2 & 3 (complainant and & her father) on the basis that she does not have any faith upon the court. It was consequently directed to transfer the case file for adjudication to the court of, Ld. ASJ (electricity), North-West, Rohini.

3. Vide the present petition, the petitioner seeks direction qua adjudication and disposal of the case only by the trial court i.e the court Ld. ASJ, (Fast Track Court), North-West, Rohini.

4. Heard, learned counsel for the parties.

5. FIR No. 985/2015 was registered at Police Station Shalimar Bagh at the instance of respondent no.2 against the petitioner and his parents punishable under Section 498A/406/506/377/307/34 IPC.

6. It is not in dispute that in the month of July, 2017, chargesheet was filed and the charges were framed on 12.10.2018.

7. Vide order dated 11.02.2019, the Hon’ble Supreme Court directed the trial Court to expedite the hearing of the trial in this matter and disposed of within one year from that date.

8. Thus, the trial Court has to complete the trial on or before 10.02.2020.

9. Order-sheet produced by the petitioner reveals that on 20.12.2018, the present case was listed for prosecution evidence. However, on the said date, PW3/complainant filed an application for exemption and the same was granted. On 07.02.2019, the statement of PW3 was partly recorded. Thereafter, on 05.03.2019, PW3 did not appear despite service and took the ground that she was out of station. On 29.03.2019, PW3 was not present and her counsel sought adjournment stating that she was unwell. On 03.04.2019, she was further examined in chief, deferred as it was 04:00 pm. On 05.04.2019, PW3 was further examined in chief, deferred as it was 04:30 pm. On 9.04.2019, the same happened. On 16.04.2019, PW3 was not present. On 25.04.2019, she was further examined in chief, however, deferred as it was 04:00 pm. On 27.04.2019 also examined and deferred at 04:00 pm.

10. It is pertinent to mention here that on 29.04.2019, adjournment was sought on behalf of PW3 stating that she is having tooth ache and she will not be able to speak. Learned trial Court recorded on the said date that statement of PW3 was recorded on 6 separate dates but her statements are not coming to an end and every day the statements are recorded for about 2 hours.

11. It is further mentioned by the trial Court that it was decided on the last date of hearing that on next date (29.04.2019) whole day would be devoted for completing the record of the evidence of this witness, but witness has come up with the aforementioned plea. Further, PW3 examined in chief on 14.08.2019, however, deferred, at the request of the complainant. On 20.08.2019, further examination in chief was deferred at the request of the complainant as she was not feeling well. On 27.08.2019, she was partly examined in chief and further examination in chief is deferred at her request. On 29.08.2019, the said witness was partly examined in chief and further examination in chief was deferred at her request. On 03.09.2019, she sent request for deferment of the examination on the ground that he was not well on that day. On 05.09.2019, PW3 was bound down but did not appear nor any request was received by the Court. Accordingly, bailable warrants were issued against PW3. On 11.09.2019, she was partly examined and her e