- (1.) The present appeal, by way of special leave, is directed against the Judgement and Order dated 01.09.2010 of the High Court of Delhi in Criminal Revision No. 555 of 2003 whereby the High Court has dismissed the revision petition preferred by the appellant against the Judgment and Order dated 22.03.2003 passed by Learned Additional Sessions Judge in Sessions Case No. 104 of 2001.
(2.) Since we intend to remand the matter to the High Court for fresh disposal, it is not necessary to go into the factual matrix. Suffice to state that the appellant had filed a complaint against the respondents dated 24.11.1988 which was registered as FIR No. 393 of 1988 at P.S.- Srinivaspuri, New Delhi. Subsequently, the charges were framed against the respondents under Sections 498-A, 304-B read with Section-34 and Section 302 of the IPC by Shri. Prithvi Raj, learned Additional District & Sessions Judge dated 15.05.1995. Thereafter, the case was listed before Shri. S.N. Dhingra, Additional Sessions Judge for the trial, however, the learned Judge had recused from hearing the matter for personal reasons vide Order dated 25.09.2000. The said Order is extracted below: "25-09-2000 Present:- Spl. P.P. for the State All the accused on bail. For personal reason I do not want to try this case. The case be sent to Ld. Sessions Judge, Delhi for marking it to some other court. Put up on 11-10-2000 to find out to which court case has been allocated. A.S.J. New Delhi 25-09-2000"
(3.) Accordingly, the case was withdrawn from the Court of Shri. S.N. Dhingra, Additional Sessions Judge and transferred to the Court of Shri. S.M. Chopra, Additional Sessions Judge vide the Order dated 29.09.2000 of the Sessions Judge. Eventually the accused respondents were tried and acquitted vide Judgment and Order dated 22.03.2003 passed by Ms. Manju Goel, Additional Sessions Judge. Being aggrieved by the Judgment and Order, the appellant preferred a revision petition before the High Court. The same was dismissed vide impugned final Judgment and Order dated 01.09.2010 passed by learned Judge, Shri. Justice S.N. Dhingra.;