Can the court prioritize a counter case when main case trial is ongoing?

A case and counter-case (or cross-case) are generally tried together by the same court to avoid conflicting judgments and ensure a fair trial. The same judge should hear one case after the other, but separate judgments are pronounced for each case. 

Therefore you cannot expect the counter case to be disposed before the original case, both will be disposed simultaneously

Thank you for the reply. However, the original case dates back to 2013, and unfortunately, the trial is still pending. The counter-case was initially filed in the Magistrate Court, but during the commencement of the trial, it was identified as a counter-case and accordingly transferred to the Sessions Court. Despite this, the trial remains incomplete.

In such circumstances, doesn't this prolonged delay amount to an injustice to the individuals involved? Also, I would like to know—are the procedures you mentioned (about both cases being tried together by the same judge and disposed of simultaneously) governed by any strict legal rule, or are they merely procedural directives or guidelines?

While not explicitly mandated by law, it is generally recommended that the original criminal case and the counter case (also known as a cross-case) be tried together, ideally by the same court. This approach aims to avoid conflicting judgments and ensure a more complete picture of the incident. 

There's no specific provision in the Criminal Procedure Code (CrPC) that mandates joint trials in all cases.

The Supreme Court has emphasized the need for the same judge to hear both cases, one after the other, to avoid conflicting findings and ensure a comprehensive understanding of the facts. 

The judge typically hears the evidence and arguments in the first case, reserves judgment, then proceeds to hear the counter-case, and ultimately pronounces separate judgments on both cases.

In sum, the procedure prescribed by the apex court and various High Courts in this regard is that both the cases must be tried separately and independently by the same judge and decided on the basis of evidence led in that case only without being influenced by the materials and evidence led in the other case.

Ok.Thank you

Both cases will be decided by court at the same time.

The facts, as posted,  are less than convincing. In the given facts, both the cases would be tried together, that too, on day-to-day basis.

Which are the Case Nos.? Which Court?

I agree with the opinion and advise of learned experts, in a case and cross-case both of these get clubbed and tried togather to avoid conflicting judgment(s).

However, what is the opinion and advise of the lawyer engaged and paid by you, who is an able, competent, intelligent enough and obliged to satisfy your question(s) besides the fact s/he is well aware about facts and circumstances of the case(s) ???

Did you loose faith in your lawyer and seeking obligation of experts on this platform on the basis of limited facts except the fact it is available FREE OF COST ?

Thank you for the reply.I trust my lawyer completely—he's genuine, capable, and well aware of the facts of the case. But I also believe it’s smart to do our own research. The law is full of nuances, and no one knows everything. Asking questions or seeking other perspectives doesn’t mean I’ve lost faith in my lawyer—it just means I want to stay informed. Those who search, often find. And i belive in law, a ‘no’ is not always the end—there are usually other ways if you look deep enough.Also it’s a total injustice to let someone’s career and life be derailed for over 12 years because of a fake countercase. Justice delayed is justice denied

If you think the countercase is fake, and somebody's life and career are getting derailed, if you think you have valid reasons, you can try filing a petition in the appellate Court or High Court, to see whether the counter case can be disposed of quickly, or whether both the cases can be expedited. 

He can also obtain permission to go abroad, even while the case is pending. 

As a famous example, Sonia and Rahul are out on bail in National Herald case involving several crores, and Rahul frequently visits Bangkok and other foreign countries, even while the case is still pending. Whenever he wants to go abroad, Rahul Gandhi files a petition in the Court seeking permission to go abroad, and the Judge asks the Complainant, Dr Subramanian Swamy, whether he has any objection. Dr Swamy usually says he has no objection and then Rahul goes abroad. 

You can see the YouTube channel called Virat Hindustan Sangam (VHS), yesterday (Sunday, April 13, 2025) there was a video where Dr Subramanian Swamy discussed about the current status of National Herald case, and he also explained that Rahul and Sonia are on bail, and he does not object when they file petitions to go abroad. It will give you an idea. 

You can show all the papers to a few good criminal lawyers and explore the possibility of filing Criminal Revision Petitions or any other other appropriate petitions, to dispose of the counter case quickly, or to dipose of both the cases quickly, or to get permission to go abroad even while the cases are pending or any other reliefs. You may have to pay appropriate Court fee and surety, which may not be too high. 

Try to explain why you think the counter case is fake. 

It all depends on the exact details of the case. 

No harm in filing the petitions. You would get to know some things, whether you are successful or not. Even if you fail, it may have some impact on the lower Court to dispose of the cases quickly. 

Thank you for your valuable inputs. In fact, the court has already granted permission to travel abroad as well as for the renewal of the passport. However, obtaining a Police Clearance Certificate (PCC) is a mandatory requirement for securing a visa for most countries. While the court can issue directions for the PCC to be provided, the certificate will typically include details of any pending criminal cases. This disclosure can potentially become a ground for visa rejection, despite the court's permission to travel.

What prevents you from posting case particulars so that facts could be verified through e-Court?

Sorry.The respondents in the main case are attempting an out-of-court settlement, despite the case being non-compoundable. If their advocate or any of his colleagues in this forum come across the details, they might try to bargain or deliberately delay the proceedings unnecessarily.

There is no necessity for you to reveal the details of the case if you are not willing, however you may be aware that you may get general opinion alone based on the information you have provided here.

Since author is reluctant to reveal true story, it is better to treat this thread as "CLOSED"