The right to speedy trial for the accused and the imprudence of keeping the proceedings pending based on the status of another case.

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, was got lodged by the wife of the petitioner, at Police Station Badshahpur, District Gurugram against the Petitioner. In the said FIR it was alleged by the complainant that, while she was not at home, the petitioner, was shouting on her son. When her minor daughter aged 17 years, intervened and asked the petitioner to not shout on her brother, he pushed her on her shoulder and private part.

iii. The trial proceedings in the second FIR i.e. FIR No.220 proceeded in the Special POCSO Court. The final report by the police under section 173(2) of the Cr.P.C. was filed on 15.01.2021. Thereafter, the charges against the petitioner were framed under section 10 of POCSO Act, 2012 (in the alternative under section 354 of IPC) and under sections 323, 509 of the IPC. After leading the entire prosecution evidence, the evidence on behalf of the State was closed by the Learned Special Public Prosecutor on 12.04.2023. Thereafter the statement of petitioner, under section 313 of the Cr.P.C., was recorded. After closing the defense evidence the case was adjourned for final arguments by the Learned Special POCSO Court. Part arguments were heard on 16.05.2023 whereinafter hearing in trial was deferred to 20.05.2023 for further arguments.

iv. At this stage of further arguments on 20.05.2023; it was brought to the knowledge of the Learned Trial Court in POCSO Case that the trial in the cross-case i.e. first FIR No.218 is pending in the Court of Learned Judicial Magistrate, 1st Class, Gurugram. The Learned Special POCSO Court / Trial Court in the second FIR case (which was pending at the stage of further arguments), vide impugned order dated 20.05.2023, held that in view of the pendency of the cross-case the POCSO case cannot be disposed of. While holding so, the Learned Special POCSO Court observed that the case File in the First FIR bearing No.218 is since pending in the Court of Learned JMIC and is not committed to the Special Court. The learned Special Court adjourned the case in Second FIR for awaiting the File of First FIR.

v. It is pleaded on behalf of the petitioner that the trial in the First FIR No.218 is stand still, as the complainant in the Second FIR who happens to be accused in the First FIR has approached this Court seeking quashing of that FIR by filing CRM-M-24476 of 2020, which is pending adjudication before this Court, and the proceedings in the that FIR before the learned trial court are stayed.

3. In this factual backdrop; the petitioner has impugned the order dated 20.05.2023 passed by the learned Fast Track Special Court, Gurugram, while seeking a direction for early decision of the trial which is pending at the stage of final arguments for last about 10 months.

4. Despite having given ample opportunity(s), the Respondent- Complainant in the FIR, which