Rajesh Dayal Khare, J. - (1.) THE present application has been filed for quashing of the proceedings of Complaint Case No. 2020 of 2011, under Sections 392, 452, 504, 506 IPC, PS Hapur Kotwali, district Ghaziabad pending before the Additional Chief Judicial Magistrate, Hapur, Ghaziabad. It has been averred in the present application that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
(2.) 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 submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, : AIR 1960 SC 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 a right of discharge under section 239, 245(2) or 227/228, Cr.P.C. as the case may be 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. The prayer for quashing of the proceedings is refused.
(3.) HOWEVER , it is provided that if the applicants appear and surrender before the court below within a period of 30 days from today and apply for bail, then their prayer for bail shall be considered in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P.,, 2004 (57) ALR 290 and in the recent decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh v. State of U.P., reported in : 2009 (4) SCC 437, after hearing the Public Prosecutor.;