SHIV NARAYAN DHINGRA, J. By the present petition, the petitioner has assailed the order of learned Chief Metropolitan Magistrate (CMM) dated 11th December, 2009, whereby an application of the petitioner for adopting a procedure of warrant trial as applicable to a complaint case and for recording pre-charge evidence was dismissed.

2. Brief facts relevant for the purpose of deciding this petition are that in an SLP pending before Supreme Court, being SLP No. 1330 of 1986, challenging a detention order, an affidavit was filed by accused Ashok Jain that a representation had been made in the Secretariat of President of India on 15th April, 1986, and this representation had not been disposed of by the Central Government. This plea, taken by the petitioner before the Supreme Court, was contested by Union of India (UOI) and it was stated that no such representation was filed before the President of India and a false affidavit was sworned before the Supreme Court. The Secretariat of President of India filed an affidavit informing the Court about the procedure by which dak was received and handled at Rastrapati Bhawan. Register from the office of Rastrapati Bhawan was produced before the Supreme Court. UOI made an application under Section 340 of Code of Criminal Procedure (Cr.P.C.) before the Supreme Court for prosecuting the persons responsible for filing false affidavit through Mr. Ajay Jain before the Supreme Court. It was also informed that UOI has referred the matter to Central Bureau of Investigation (CBI) for investigation. The Supreme Court, vide its order dated 12th September, 1986, directed CBI to proceed with the inquiry and directed that the result of inquiry be communicated to UOI. On 29th April, 1987, Writ Petition and SLP came up for hearing before the Supreme Court and the Supreme Court dismissed the SLP and Writ Petition challenging the order of detention and observed that the detenu and his other associates had gone to deplorable lengths to create evidence favouring the detenu which aroused convulsion thoughts in the minds of Supreme Court about the efficiency and integrity of the concerned sections of President’s Secretariat. It further observed that it was a fit case where detenu, his wife, Ashok Jain and other persons responsible for fabrication of false evidence should be prosecuted for the offences committed by them. The Supreme Court deferred the passing of final order on application of UOI under Section 340 Cr. P.C. awaiting CBI report. Directions were issued for complete investigation to be taken up by CBI and the Supreme Court directed its Registrar (Judicial) to keep relevant records in safe custody in a sealed envelope till such time they are called for and when the application under Section 340 Cr. P.C. was taken up for final orders. Director of CBI was directed to get the investigation done and submit report to Ministry of Home Affairs, Government of India. Subsequent to this, CBI registered a case vide RC No. 2/87/SIU-III on 1st May, 1987. The CBI submitted its report to the Department of Personnel and Training on 31st January, 1989, recommending prosecution of Mohan Lal Jatia, Pushpa Devi Jatia, Ashok Jatia, Ashok Jain, Gurcharan Singh and Milap Chand under the provisions of Section 120B, 193, 218, 468, 471, 468, 420 IPC read with Section 511 of IPC. This investigation report was placed before the Supreme Court in 1994. On 20th July, 1994, Supreme Court passed a detailed order directing its Registrar General to prepare a complaint in terms of Section 195 Cr. P.C. read with Section 340 Cr. P.C. and file it before the competent Court for action. The complaint was thus filed by Registrar General of Supreme Court before the Court of CMM, Delhi, on 19th August, 1994. From 1994 till 1999, the accused persons were being summoned and ultimately on 27th November, 1999, Metropolitan Magistrate (MM) observed that compliance under Section 207 Cr. P.C. has been done. This order of learned MM was assailed by