Surendra Singh, J. - (1.) HEARD Learned Counsel for the applicants as well as learned A.G.A. and perused the material placed on the record.
(2.) THE present 482 Code of Criminal Procedure. petition has been filed for quashing the proceedings of Complaint Case No. 850 of 2011 (Gulsan Kumar v. Saudan Singh and Ors., under Sections 323, 504 and 506 I.P.C., pending in the court of IInd Additional Chief Judicial Magistrate, Ghaziabad. 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 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 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 (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Section 245 Code of Criminal Procedure. 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.;