JUDGMENT Hon'ble Vipin Sinha, J. Supplementary affidavit filed in Court today is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the chargesheet dated 20.4.2011 as well as entire proceedings of case no. 3657 of 2011; State Vs. Pappu Chaudhary and others arising out of case crime no. 2906 of 2009, U/s 304, 120B, 201, 147, 148, 149 IPC, P.S. Cantt., District Gorakhpur pending in the court of CJM, Gorakhpur. 3. The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. 4. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court. 5. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused. 6. However, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed off.