Rajesh Dayal Khare, J. - (1.) LIST revised none appears to press this application on behalf of applicants. Heard learned A.G.A. for the State.
(2.) ANOTHER Bench of this Court vide order dated 11.01.1999 had issued notice to the opposite party No. 2 and in the meantime stayed the further proceedings in F.R. No. 09 of 1998 Veer Khan v. Hansmuddin under Sections , , I.P.C., and Section 4/5 of Children Marriage Act, as well as non -bailable -warrant issued against the applicants was also stayed. The present 482 Cr.P.C. petition has been filed for quashing the non -bailable -warrant order dated 06.11.1998 passed by learned IIIrd Additional Chief Judicial Magistrate (Lower Division), District Bulandshahr in F.R. No. 09 of 1998 Veer Khan v. Hansmuddin under Sections , , I.P.C., and Section 4/5 of Children Marriage Act. It has been averred in the present application under Section Cr.P.C., that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 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. The prayer for quashing the order impugned is refused.
(3.) INTERIM order dated 11.01.1999 is hereby vacated.;