Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A.
(2.) THE present application under Section 482 Code of Criminal Procedure has been filed for quashing the charge sheet dated 01.12.2010 passed by Additional Chief Judicial Magistrate, Court No. 10, Azamgarh in Case No. 4642 of 2010 arising out of Case Crime No. 774 of 2010, under Sections 406, 323, 504, 506 and 3(1)(x) of S.C/S.T. Act, Police Station Devgaon, District Azamgarh. The contention of the counsel for the applicants is 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 referred to 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 482 Code of Criminal Procedure 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 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC 283.;