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 the charge sheet No. 64 of 2010, dated 13.08.2010, arising out of Case Crime No. 270 of 2010, under Section 198 -A of Z.L.R. Act, pending before learned Sub -Divisional -Magistrate, Lalganj, District Mirzapur. It is contended by learned Counsel for the applicant that civil suit is pending between the parties before the learned Civil Judge (Junior Division), Mirzapur, with regard to the land in question. It is further contended contended that no offence under the charged Section is made out against the applicant. It is next contended that measurement of the land has not been done by the concerned authorities. It is lastly contended 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.
(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 426, State of Bihar v. P.P. Sharma, 1992 SCC 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC 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.;