9911796707
TMI Blog2014 (11) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... cordance with law within a period which shall not exceed a period of three months. This court has also observed that if the concerned court after hearing the counsel for the accused persuaded to have the view that the accused ought not to have been summoned and the charge is groundless, it shall not abstain from discharging the accused only on the ground that the material available at the time of summoning was the same, which is available on record at the time of hearing the discharge application u/s 245(2) Cr.P.C. and on the other hand if the lower court even after hearing the counsel for the accused holds the view that the accused has been rightly summoned and the material produced by the complainant does not indicate the charges to be gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court by way of filing an application u/s 482 Cr.P.C. No. 41435 of 2013, which has been finally disposed of by this Court vide order dated 6-12-2013 with the observation that the petitioner is permitted to appear before the concerned court within a month from today through his counsel to press its application dated 5-11-2007 claiming discharge and in case, the said discharge application is not available on record, it will be open for the petitioner to file fresh discharge application within the stipulated period and the concerned court shall after hearing the counsel decide the application on merit in accordance with law and in pursuance of the said order dated 6-12-2013 the petitioner filed a written submission in support of his earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt below on merit in accordance with law. It further appears that the petitioner filed a written submission in support of his earlier discharge application u/s 245(2) Cr.P.C. It further appears that the learned Magistrate has not decided the said application of the petitioner claiming discharge, rather he fixed the next date for remaining evidence u/s 244 Cr.P.C., whereas this Court vide order dated 6-12-2013 has directed to decide the said discharge application on merit in accordance with law within a period which shall not exceed a period of three months. This court has also observed that if the concerned court after hearing the counsel for the accused persuaded to have the view that the accused ought not to have been summoned and the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
