Raghbir Singh vs K.K. Gupta

Viney Mittal, J.—The present petition u/s 482 CrPC has been filed by the petitioner for quashing of the complaint dated July 25, 1990 and proceedings arising therefrom. A complaint has been filed by the petitioner u/s 500 IPC. A copy of the complaint has been appended as Annexure P. 1 with the petition. On the aforesaid complaint, summoning order dated August 23, 1990 has been passed. A copy of the summoning order has been appended as Annexure P. 7 with the petition.

At the outset, Shri Pawan Girdhar, the learned counsel for the petitioner submits that the present petition may be dismissed as not pressed with liberty to the petitioner to file an appropriate application before the learned trial Magistrate for dropping of the criminal proceedings against him or his discharge.

The stand adopted by Shri Pawan Girdhar, the learned counsel for the petitioner is very just and fair.

In view of the aforesaid statement made by Shri Pawan Girdhar, the learned counsel for the petitioner, the present petition is dismissed as not pressed with liberty to file an appropriate application before the learned trial Magistrate for dropping of the criminal proceedings against him or his discharge. While filing the aforesaid application, the petitioner would be well within his rights to take up all such pleas, which have been raised by him in the present petition and all other defences which are available to him in accordance with law before the trial Magistrate. If any such application is filed by the petitioner, then the learned trial Magistrate shall decide the same on merits after affording an opportunity of hearing to all concerned.

The personal presence of the petitioner before the trial Magistrate shall remain exempted during the course of trial. However, it shall be open to the learned trial Magistrate to secure the personal presence of the petitioner as and when the same is required in accordance with law.

Since the matter has remained pending in this Court for a sufficiently long time, therefore, the learned trial Magistrate is directed to conclude the proceedings in the case as expeditiously as possible and in any case not later than July 31, 2004.