Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A.
(2.) THE present Cr.P.C. petition has been filed for quashing the proceedings of the Complaint Case No. 4096 of 2010 Mohd. Aarif v. Babu and Ors. under Sections , , , I.P.C., Police Station Tilhar, District Shahjahanpur, pending in the Court of learned Additional Civil Judge (Junior Division)/ Judicial Magistrate, Rilhar, District Saharanpur. The contention of the counsel for the applicant 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. It is further contended that the matter is purely of civil nature which has been dragged into criminal prosecution of the applicants at the behest of the opposite party No. 2, which is bad in law.
(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 applicant. 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., 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section or /, or 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.;