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SUMEET GOEL
Vipul Gupta – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Sumeet Goel, J.
Present petition under section 482 of the Code of Criminal Procedure is filed by the Petitioner – accused, seeking setting aside of the order dated 20.05.2023 passed by the Learned Additional Sessions Judge, Fast Track Special Court for the offences under P.O.C.S.O. Act, 2012. The Petitioner has further sought a direction to the Learned Trial Court to expeditiously decide the trial in the case.
2. Facts germane to the decision of the present case, shorn of unnecessary details, are encapsulated as under:
i. The petitioner alleging long standing matrimonial dispute with his wife, resulting in multifarious litigations between them, lodged an FIR bearing No.218 (hereinafter First FIR) dated 20.07.2020, at 9.00 PM, under sections 323 and 506 of the IPC, registered at Police Station Badshahpur, District Gurugram, Haryana, against his wife and her daughter from previous marriage. The essence of the said FIR is the allegation that the petitioner was beaten by his wife and her daughter.
ii. Sometime thereafter, at about 10.45 PM, a cross-case bearing FIR No.220 (hereinafter Second FIR) dated 20.07.2020, under sections 323, 509 of IPC and section 8 of POCSO Act, wa
The right to speedy trial for the accused and the imprudence of keeping the proceedings pending based on the status of another case.
The court emphasized the limitations of its power under Section 482 of Cr.P.C. and the need for cross-cases to be tried together to avoid conflicting findings.
The court affirmed the legitimacy of transferring related FIRs for consolidated trial to avoid conflicting judgments, upholding inherent jurisdiction to quash FIRs only in case of evident abuse of pr....
Since the provisions which engraft an exception use the phrase ‘may’ with reference to conducting a joint trial, a separate trial is usually not contrary to law even if a joint trial could be conduct....
Cross-cases arising from the same incident should be tried sequentially by the same judge to prevent conflicting verdicts, ensuring fairness in legal proceedings.
Independent trials must proceed without stalling, even if related case and counter case exist; participation in advanced trials weakens claims for abeyance.
The main legal point established in the judgment is the need for simultaneous consideration of case and counter case by the same judge to avoid conflicting judgments, as per the principles laid down ....
The Supreme Court's ruling on the 'six months stay' mandate applies to all pending civil and criminal cases, emphasizing the need for expeditious disposal of cases and the adverse effects of court-gr....
It is salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day. Such two different versions of....
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