Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A.
(2.) THE present Code of Criminal Procedure petition has been filed for quashing the entire proceedings of Criminal Case pending before the learned Chief Judicial Magistrate, Rama Bai Nagar, District Kanpur Dehat in Case No. 143 of 2009, under Sections , , , , I.P.C. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He referred to certain documents and statements in support of his contention.
(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 Code of Criminal Procedure 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 (Cri.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC (Cri.) 283.;