Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The present petition has been filed for quashing the impugned summoning order dated 09.07.2021 and whole proceeding of criminal case No. 758/2021, arising out of case crime No. 237/2021, dated 05.05.2021, under Sections 147/148/149/323/325/504/506/427/188/269 I.P.C. and Section 3 of Pandemic Act, Police Station Gosaignaj, District Sultanpur.
The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.
At this stage, learned counsel for the applicant submits that he may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.
However, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months, thereafter.
In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant.
With the aforesaid directions, this petition is finally disposed off.
Order Date :- 25.8.2021 R.C.