Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A. for the State respondent.
(2.) THE present Cr.P.C. application has been filed for quashing of the chargesheet dated 10.8.2010 in Case Crime No. 219 of 2004 and Case No. 1155 of 2005 under Sections , I.P.C. pending before the Additional Chief Judicial Magistrate, Allahabad. It is contended by learned Counsel for the applicants that it is a no injury case and civil suit is also pending between the parties before the Civil Court being Civil Suit No. 1172 of 2004. Learned Counsel for the applicants has drawn the attention towards para -16 of the accompanying affidavit and has contended that the applicants had no knowledge about the filing of the present chargesheet and the learned Magistrate had not issued notice, therefore, there is no laches on the part of the applicants in approaching this Court.
(3.) FROM the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab : A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Sections or / or Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.;