Vide order dated 23.07.2019, the instant petition under Section 482 of Cr.P.C. was dismissed by a co-ordinate Bench of this Court. Thereafter, the petitioners have filed an application bearing C.M. Application No.86249 of 2019 with a prayer to recall the order dated 23.07.2019 and restore the petitioner to its original number.
Considering the submissions made by learned Counsel for the parties and the grounds taken in the application, the application bearing C.M. Application No.86249 of 2019 is allowed. The order dated 23.07.2019 is recalled. The petition under Section 482 of Cr.P.C. is restored to its original number.
With the consent of the parties, this Court proceed to hear the matter finally.
Heard learned Counsel for the petitioners and learned Counsel appearing for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No.23 of 2015 (Stae Vs. Mukhtar Ahmad and another) arising out of Case Crime No.666 of 2013, under Sections 419, 420, 467, 468, 471 IPC, Police Station Huzoorpur, District Bahraich pending in the court of the learned Additional Chief Judicial Magistrate, Bahraich.
The contention of the counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Learned Counsel 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 petitioners have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are 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 application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the petitioners move an appropriate application for discharge through counsel before the concerned Court below within a period of 15 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 15 days 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 15 days from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this petition is disposed of.
Order Date :- 30.7.2019 akverma