- (1.) Heard Sri Anshul Kumar Singhal, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA for the State. This application has been filed under section 482 Cr.PC with prayer seeking quashing/stay of the order dated 18.10.2019 passed by the Civil Judge (Jr. Div.)/FTC, Hathras and set aside the Non- Bailable Warrants issued against the applicant in Case No. 1089 of 2003, under section arising out of Case Crime No.219 of 2001, Police Station- Sikandrarau, District- Hathras.
(2.) The contention of learned 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 purpose 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 submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime 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, AIR 1960 SC 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 another (Para-10) 2005 SCC (Cr.)283.;