JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Delhi High Court whereby the proceedings against the respondent No. 1 were quashed, primarily on ground that there was unnecessary delay in conclusion of the trial by court. Reliance was placed on a decision of this Court in "Common Cause" A registered Society through its Director vs. Union of India and Ors. [(1996) 4 SCC 33] as modified in "Common Cause" A registered Society through its Director vs. Union of India and Ors. [(1996) 6 SCC 775] to hold so. A brief reference to the factual aspects would suffice.

3. According to the prosecution, respondent No.1 committed offences under Sections 3 and 5 of the Official Secrets Act 1923 (in short Secrets Act ) and Section 120-B of the Indian Penal Code, 1860 (in short IPC ) read with the aforesaid provisions. The Chief Metropolitan Magistrate by his order dated 16.8.1999 took cognizance and issued processes against the accused persons including the respondent No.1 herein. Respondent No.1 approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C. ) for passing an order against