9911796707
TMI Blog2014 (11) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... 1790 of 1997 (Union of India through Shri R.N. Rustagi, Assistant Commissioner v. ITC Limited), alleging commission of offence under Section 9 of the Central Excise and Salt Act, 1944, pending before the Special Chief Judicial Magistrate, Meerut, by which the matter has been fixed for remaining evidence of the complainant u/s 244 Cr.P.C. 3. Learned counsel for the petitioner has mainly contended that challenging the entire proceeding of complaint case No. 1790 of 1997, the petitioner had approached this 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 90 of 1997, the petitioner had approached this court by way of filing an application u/s 482 Cr.P.C. No. 41435 of 2013, which has been disposed of, vide order dated 6-12-2013 and the petitioner was permitted to appear before the court concerned through his counsel and press his application filed on 5-11-2007 claiming discharge and in case, the said discharge application was not available on record, it shall be open to the petitioner to file fresh discharge application, which shall be decided by the learned court 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 decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng evidence u/s 244 Cr.P.C., whereas the discharge application u/s 245(2) Cr.P.C. may be decide at any stage even before the evidence u/s 244 Cr.P.C. 8. In view of the aforesaid considerations, the 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 from today after complying with the order dated 6-12-2013 passed by this Court in criminal Misc. Application u/s 482 Cr.P.C. No. 41435 of 2013. 9. Till the disposal of the said application, no coercive action shall be taken against the petitioner. 10. With the aforesaid o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
