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2014 (11) TMI 979 - HC - Central ExciseCommission of offence under Section 9 - Validity of Order passed by the Magistrate - Held that:- 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 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 groundless it shall make an order to that effect and proceed further in the matter in accordance with law and shall also be free to adopt such measures to procure the attendance of the accused as the law permits. - order dated 26-7-2014 passed by the Magistrate concerned does not appear to be proper and accordingly the learned Magistrate is directed to decide the application for discharge moved on behalf of the petitioner u/s 245(2) Cr.P.C. within a period of three months
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