Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A.
(2.) THE present Cr.P.C. petition has been filed for quashing proceedings of the Complaint Case No. 370 of 2010, under Sections , , I.P.C., Police Station Dataganj, District Badaun, pending before learned Additional Chief Judicial Magistrate, IInd, District Badaun as well as for quashing of the summoning order dated 31.03.2010 issued in the aforesaid case against the applicants. 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 pointed out certain documents and statements in support of his contention. It is further contended that the opposite party No. 2 is the real brother of the applicants who have been falsely implicated in the present case.
(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 Section 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. The prayer for quashing the proceedings as well as summoning order is refused.;