JUDGMENT :

1. Heard learned counsel for the applicants and learned A.G.A for the State-respondents.

2. The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 for quashing of the summoning/cognizance order dated 10.08.2022 passed by the Additional Chief Judicial Magistrate, Firozabad in Complaint Case No.28474 of 2021 (Smt. Shalini Jain Vs. Saket Jain and others) and entire proceedings of the aforesaid case.

3. After some arguments, learned counsel for the applicants prays that the applicants be permitted to move appropriate application before the Court concerned as per provisions contained under the Cr.P.C.

4. This prayer has not been opposed by the learned A.G.A.

5. Heard learned counsel for the parties present and perused the record.

6. Considering the facts and circumstances of the case, the applicants are permitted to appear before the concerned court within three weeks from today and move an application as per provisions contained under the Cr.P.C. claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law, within a period which shall not exceed a period of two months from today.

7. Till 30 October, 2023 or till the disposal of the aforesaid application, whichever is earlier, no coercive action will be taken against the applicants.

8. If the concerned court after hearing the counsel for the accused feels 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. On the other hand, if the lower court even after hearing the counsel for accused holds the view that the accused has been rightly summoned and the material brought on record 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.

9. With the above observations, this application stands disposed of.