JUDGMENT

Sethi, J.-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 Section 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