- (1.) Leave granted.
(2.) The obtaining factual matrix encompasses a scenario which covers quite a span of time, and the chronology of events projects horrendous picture, as Mr. Dushyant A. Dave and Ms. Indu Malhotra, learned senior counsel would submit with stirred vehemence and expressive concern on the formulation that exploitation of legal system, seemingly looking innocent, has, in fact, cultivated the path of deviation that has led to pathetic miscarriage of justice, for there has been real abuse of the process of law at every stage. Learned counsel for the appellants put the blame on the respondents, as they have visited the superior courts on many an occasion seeking intervention possibly harbouring the idea that it is a routine exercise. In such an exploration, they have not felt any desperation despite being unsuccessful, for the desire was not mitigation of the grievance but consumption of time which, by itself, is beneficial because the consequences of the litigation has been deferred. However, the last visit to the High Court has yielded some benefit which has pained the appellants to severely criticize the order impugned on many a ground apart from the submission that cause of justice has been vexed, for in such a situation besides the prosecution and the accused, there is a third party, the victim of the crime, who eagerly waits for the progress of the case, as mandated in law. The said stalling has impelled the informant to prefer appeals by special leave.
(3.) Presently to the facts. In the present case, the facts fresco a labyrinthine that has the potentiality to divert the mind. Hence, it is imperative to exposit facts after due filtration. The appellant set the criminal law in motion by filing an FIR No. 90 of 2000 at Police Station Connaught Place which came to be registered under Sections 406, 409, 420, 424, 467, 468, 471, 477-A and 120B of the Indian Penal Code (IPC). After the investigation by the Economic Offences Wing, Crime Branch, Delhi Police, a charge-sheet was filed on 18.01.2003. One of the charges levelled against the accused persons pertained to the fraudulent transactions of certain amount of money. Learned Magistrate vide order dated 18.01.2003, appreciating the material on record, took cognizance of the offences in question and summoned the accused persons fixing the date of appearance on 04.09.2003. The order of issuing summons was assailed before the High Court of Delhi in Crl.M.C. No. 911 of 2003 along with the prayer for quashment of the FIR and an order came to be passed on 04.03.2003. As the factual score would reveal, the matter was pending before the High Court of Delhi and it carried on for days and, as alleged, an effort was made to derail the proceedings by filing an application for recusal of the learned Judge who had substantially heard the matter. The said application came to be dismissed and the order of dismissal was called in question before this Court in a special leave petition with no success. Thereafter, the accused persons challenged the order of summoning before the trial court which was not entertained as is evident from the order dated 27.04.2010. The said order was attacked in Crl.M.C. No. 2040 of 2010 which came to be dismissed on 04.06.2010. In the said case, the learned single Judge had taken note of the earlier cases being Criminal M.C. Nos. 911 of 2003, 1992 of 2006, 2142 of 2007, 2229 of 2007, 1988 of 2008 and 64 of 2006 and Writ Petition (Criminal) Nos. 498 of 2005, 208 of 2006, 1191 of 2006 and 1210 of 2006 challenging the summoning order which remained pending before the High Court till 04.03.2010. On 04.03.2010 the High Court noted that the learned counsel for the petitioners therein did not want the matter to be disposed of on merits and sought liberty to raise all the points which have been raised before this Court in the trial Court at an appropriate stage/at the stage of hearing arguments on charge. After so noting, the High Court observed that:- "Taking all these facts into consideration including the factum of pendency of the case for a period of more than five years and taking into consideration that ultimately it is for the trial Court to decide as to whether a charge is to be framed or not in the aforesaid case against the petitioner and to further decide whether the case should proceed or not in view of some of the objections raised on behalf of the petitioner about the propriety of issuance of summoning order etc., it would be appropriate to grant liberty to the petitioners to raise all the issues which have been raised in this petition before this Court at the appropriate stage/stage of framing of charge before the concerned Court.";