2012 (4) TMI 793 - SC - Indian Laws

Summary

Issues involved: Delay in framing charges, abuse of law in cross-examination, maintainability of writ petition under Article 32.

Issue 1: Delay in framing charges
The respondent got FIR registered against the petitioner, and a charge-sheet was filed more than three years later. Despite over five years passing since the charge-sheet, charges are yet to be framed by the Magistrate.

Issue 2: Abuse of law in cross-examination
The petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, and the cross-examination by the respondent has been ongoing for more than five years. The petitioner alleges this prolonged cross-examination amounts to a gross abuse of law and violates fundamental rights under Articles 20(3) and 21 of the Constitution.

Issue 3: Maintainability of writ petition under Article 32
The court questioned the maintainability of the writ petition directly before the Supreme Court. The petitioner had also approached the High Court, and the matter was pending there. The court noted that the petitioner had alternative remedies available but still approached the Supreme Court under Article 32, which was considered a misuse of jurisdiction.

The court found that the petitioner had abused the process of law by approaching the Supreme Court under Article 32 despite alternative remedies being available and pending before the High Court. The petition was dismissed as devoid of merit, and the petitioner was directed to deposit costs of Rs. 20,000 with the Supreme Court Legal Services Authority within four weeks.