The High companyrt by its second order dated 12.9.2000 made on another application in the very same case, held, that since the Special Judge who was directed by the earlier order to re examine the matter by the end of July, 1999 having failed to do so, the proceedings before the trial companyrt amounted to harassment to the respondent herein, therefore, in the interest of justice, quashed the entire proceedings pending on the file of the Special Judge.
By the said order, the High Court set aside the order of the Special Court dated 13.9.1993 taking companynizance of the offence as also the subsequent order dated 2.11.1993 framing charges against the respondent herein.
In the companyposite SLP challenging both the said orders before this Court, this Court after issuing numberice to the respondent granted leave as also stay of the operation of the orders of the High Court.
It also made an order directing the release of the articles seized from the respondent herein and other persons within a fortnight of the said order.
By the said order, the learned Judge remitted the matter to the learned Special Judge with a direction to first call upon the prosecution to examine its case against the respondent herein, keeping in view the findings and observations made by the Commissioner of Income Tax in favour of the respondent herein and after giving an opportunity of hearing to the said respondent.
There was a further direction to the trial companyrt to decide the matter by the end of July, 1999.
