Shashi Kant Gupta, J. - (1.) THIS application u/s. 482 Cr.P.C. has been filed for quashing the summoning order dated 08.08.2013 passed by learned First Civil Judge (J.D.)/Judicial Magistrate, Budaun, in Complaint Case No. 264 of 2013, u/s. 147, 452, 323, 504, 506 and 427 I.P.C., P.S. Kunwargaon, District Budaun, pending in the court of learned First Civil Judge (J.D.)/Judicial Magistrate, Budaun. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record
(2.) THE submissions made by the learned counsel for the applicants involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded. By invoking the inherent jurisdiction of this court the applicants cannot persuade the court to have a pre trial before the actual trial begins. The submissions made by the learned counsel for the applicants call for adjudication on pure questions of fact and while doing so even the submissions made on points of law can also be appropriately gone into by the trial court in this case.
(3.) THE quashing of the complaint can also be done only if it does not disclose any offence or if there is any legal bar which prohibits the proceedings on its basis. The Apex Court decisions in R.P. Kapur v. State of Punjab : AIR 1960 SC 866 and State of Haryana v. Bhajan Lal : 1992 SCC (Cr.) 426 make the position of law in this regard clear.;