Where the trial under the Gangsters Act had not even begun while the ordinary sessions trial for murder had nearly concluded, was there a clash of dates justifying keeping the sessions trial in abeyance under Section 12 of the Gangsters Act?

No. Since only a chargesheet had been submitted under the Gangsters Act and its trial was yet to begin, whereas the prosecution in the sessions trial had already completed its evidence, there was no clash of dates warranting the application of Section 12 of the Gangsters Act.

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 — Section 12 — Article 21 — speedy trial — clash of dates — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346 — Section 12 — Gangsters Act — clash of dates — Held: Section 12 of the Gangsters Act does not freeze proceedings in other cases against the accused until the Gangsters Act trial concludes; its purpose is only to indicate that, in the event of a clash of dates, the proceedings under the Gangsters Act were to get priority. (¶19) Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346 — day-to-day trial — Held further: Read harmoniously with Section 346 of the BNSS, which mandates that proceedings continue from day-to-day until all witnesses in attendance are examined, Section 12 of the Gangsters Act contemplates precedence only where dates actually clash. (¶22) Article 21 — victim's right to speedy trial — Held further: The right to speedy trial under Article 21 of the Constitution of India is not only the prerogative of the accused but is also a valuable right of the victim, and an interpretation of Section 12 that freezes other trials would render it ultra vires Article 21. (¶23) no clash of dates — appeal allowed — Held further: Since the Gangsters Act trial had not even begun while the sessions trial for murder was on the verge of conclusion, there was no clash of dates warranting abeyance; the impugned order was set aside and the appeal allowed. (¶25, ¶27)

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