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. 5219 of 2009 (Sharmawati Devi v. Brijesh Singh alias Guddu Singh) under Sections , , I.P.C., Police Station Ahiraula, District Azamgarh, pending before learned Additional Chief Judicial Magistrate, Court No. 10, District Azamgarh as well as for quashing of the summmoning order dated 16.04.2010., 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.
(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. Sarafu Haq and Anr. (Para -10), 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.;