OM WATI Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) The present case reflects and demonstrates the abuse of the process of the Court by the accused persons who have succeeded in protracting the commencement of trial against them for about a decade. The accused have left no stone unturned to exploit the procedural wrangles to defeat the ends of justice. A learned single Judge of the High Court of the Delhi appears to have fallen a prey to the procrastinative designs of the accused-respondent, as is evident from the cryptic order passed on 29th August, 2000 which is impugned in this appeal by special leave filed by the mother of the deceased after seeking permission from this Court. The impugned order not only reflects the non-application of mind by the learned single Judge of the High Court while discharging the respondents for the offence punishable under S. 302 of the Indian Penal Code but also demonstrates the ignoring of the correct position of law applicable on the point and catena of judgments pronounced by this Court on the subject.

(3.) The facts of the case are that in an occurrence which took place on 6-9-1991, Rajesh Kumar, the son of the appellant was beaten to death by the accused persons who were alleged to have attacked him with weapons like Hockey Sticks, Lathis and Iron Chain of Bullet Motorcycle. The accused persons are stated to have been arrested after some days and their application for bail was dismissed by the trial Court on 23rd December, 1991. The Additional Sessions Judge, being the trial Court framed charges against all the accused persons on 16-7-1992 against which a petition was filed in the High Court. It is not clear but it is admitted that meanwhile the accused were released on bail by the High Court. The Criminal Revision No. 97 of 1992 filed by the respondents was disposed of by the High Court after four years by quashing charges framed with direction to the trial Court to pass "an order delineating reasons in sufficient detail to lend assurance to the accused, the public and the Court that sufficient judicial thought is at its back." Again on 4-2-1998, the trial Court as per a detailed order directed the framing of charges against the accused persons under Ss. 302, 147, 148 read with S. 149 of the Indian Penal Code. The accused-respondents who were on bail again ventured to accomplish their design of frustrating the judicial process by filing a Revision Petition No. 87 of 1998 which has been disposed of by the High Court as per the following order: