Rajesh Dayal Khare, J. - (1.) LIST revised. None appears to press the present petition on behalf of the applicant. Heard the learned A.G.A. for the State -respondent.
(2.) THE present Cr.P.C. petition has been filed for quashing the proceedings of Criminal Case No. 1233 of 2010 State v. Surya Prakash Kushwaha and Ors. under Sections , , IPC, pending before the Chief Judicial Magistrate, Allahabad. The contention on behalf of 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. Certain documents and statements have been appended 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 (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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Sections , / 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.;