ORDER

1. Leave granted.

2. Aggrieved against the framing of the charge, the appellants filed Criminal Misc. No. 41856-M of 2003 in the High Court for quashing of the proceedings initiated against them as well as the charges framed against them.

3. The High Court dismissed the petition of Arun Kumar Sharma,

Appellant 1 herein but admitted the petition of Appellants 2 to 5. The High Court further directed that the proceedings before the trial court may go on.

4. Counsel for the appellants contends that if the proceedings will go on and come to a final conclusion, then the petition in respect of Appellants 2 to 5 admitted by the High Court will become anfractuous.

5. We find some substance in this submission. Accordingly, we allow this appeal, set aside the order of the High Court and remit the case back to the High Court for passing an appropriate order in accordance with law and if possible, dispose of Criminal Misc. No. 41856-M of 2003 at an early date.

6. Appeal is allowed in the above terms.