Hon'ble Bala Krishna Narayana, J. - (1.) HEARD Learned Counsel for the applicant, Sri SK Dubey for the U.P. Power Corporation and learned A.G.A. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.5.2009 submitted in case crime No. 167 of 2009 on which the learned Special Judge, Mathura has taken cognizance of the offences punishable under Section135 of the Electricity Act, P.S. Barsana, District Mathra.
(2.) THE contention of Learned Counsel for the applicant is that no offence against the applicant 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. 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 applicant. 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 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 another (Para - 10), 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228,245 Cr.P.C. as the case may be 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.
(3.) THE prayer for quashing the charge sheet is refused.;