Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The present petition has been filed for quashing of proceedings of complaint case No. 718 of 2019, under Section 504/506 I.P.C. pending in the Court of C.J.M., Lucknow and also for quashing the summoning order dated 24.05.2019 complaint case No. 718 of 2019, and whereby the applicants have been summoned under Section 504/506 I.P.C. It has been further prayed that the applicants may kindly be discharged from the complaint case No. 718 of 2019 "Smt. Durga Singh Vs. Subhash Chandra and others".
The contention of the counsel for the applicants is that no offence against the applicants 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 applicants have 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.
However, it is provided that in case, the applicants move 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 four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
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 of.
Order Date :- 20.12.2019 R.C.