- (1.) HEARD learned counsel for the applicants and learned A.G.A.
(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal? Case No. 247 of 2011, (State vs. Babba & others), arising out of case crime no. 289 of 2010, under Sections 147, 323, 504, 506 I.P.C, & 3 (1) (x) S.C./S.T. Act, Police Station Husainganj, District Fatehpur pending in the court of Additional C.J.M., Court No.11, Fatehpur. The contention of learned 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. Learned A.G.A. submitted that all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 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 Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (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 Cr.P.C. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court including those which have been canvassed by him before this court in this application. The submissions made by learned A.G.A. have force.
(3.) ACCORDINGLY, the prayer for quashing the the proceedings of the aforementioned case is refused. However, in the circumstances of the case, it is provided that if the applicants move an application for surrender before the court concerned within four weeks from today, the court concerned shall fix a date about ten days thereafter for the appearance of the applicants and in the meantime release the applicants on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail.;