Hon'ble Rajesh Dayal Khare, J. - (1.) HEARD Learned Counsel for the applicants and learned A.G.A. for the State -respondent. The present application has been filed for quashing of the summoning order dated 06.08.2011 passed in Complaint Case No. 410 of 2010, under Section 435 IPC, PS Kadar Chawak, district Budaun pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate -II, Budaun.
(2.) IT is contended by the Learned Counsel for the applicants that the present proceeding is nothing, but a counter blast to the proceedings initiated by the applicants against opposite party No. 2, which is bad in law. 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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
(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 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.;