Setting aside the magisterial court decision, Additional Sessions Judge R K Gauba directed the trial court to "decide the case afresh" saying the ACMM failed to issue a summons in the name of the witness, which reflects poorly on the control of the presiding officer over the proceedings he was holding.
"The closure of the prosecution evidence was not proper. The failure on the part of the ACMM to exercise due diligence in conducting the proceedings has resulted in... And the other witnesses being disbelieved for factors which were not under their control and, therefore, in a most unfair manner. This approach cannot be upheld," the court said.
It also directed the ACMM to take up the case on day to day basis and decide it within four months, fixing November 5 for accused S J N Murti Ayar to appear before the trial court, which had acquitted him in the case last December.
The sessions court passed its order on a plea filed by Delhi Police, which had challenged the magisterial court order saying the witnesses cited in the original charge sheet had not been examined.
"The case reached hearing fixed for October 29, 2011 for remaining prosecution evidence when the Additional Public Prosecutor (APP) for State requested for further opportunity. The ACMM declined the request noting that after the charge had been framed, only nine witnesses had been examined," the police had said.
The FIR in the case was lodged in October 1993, on the complaint of one Devender Kumar Srivastav, who had alleged that Ayar in January 1993 to May 1993 had cheated him by inducing him to give Rs 80,000 in different instalments on the basis of false promise to secure government jobs for his relatives. (More)